[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland 12-3-2007 by Ord. No. O2007-08. Amendments noted where applicable.]
This chapter shall be known as "Garage and Yard
Sales."
The occasional conduct of sales of personal
property from residential areas of the Town known as "garage sales,"
"lawn sales," "attic sales," "yard sales" or by any other similar
designation has proliferated and, in some cases, created traffic congestion
problems. Such sales often have continued for extended periods of
time, resulting in ongoing retail operation to the detriment and degradation
of the character of residential neighborhoods, and a number of residents
are having frequent and/or repeated garage and yard sales at their
homes, in effect turning their residential premises into a site where
retail business is conducted in a residential area. The purpose of
this chapter is to regulate and restrict the conduct of such garage
sales in residential areas in order to protect the safety, health
and welfare of the residents and to preserve the character of such
neighborhoods. Thus, it has become necessary to restrict such garage
and yard sales to casual and/or occasional occurrences in order to
help maintain the nonbusiness residential character of residential
neighborhoods. The intent of this chapter is to eliminate repeated,
perpetual, prolonged and extended garage and yard sales in residential
zoning districts. Such sales, if continued without limitation, tend
to have the effect of establishing retail businesses in residential
areas, creating a public nuisance and altering and compromising the
residential character of residential neighborhoods and otherwise violating
the spirit and intent of the Town Master Plan and the Town Zoning
Code. It is not the intent of this chapter to amend any other chapter
of the Town Code.
As used in this chapter, the following terms
shall have the meanings ascribed to them herein:
The sale or offering for sale of new, used or
secondhand items of tangible personal property from any one residential
premises.
The sale of tangible personal property from
residential premises entitled "garage sale," "yard sale," "tag sale,"
"porch sale," "lawn sale," "attic sale," "basement sale," "rummage
sale," "flea market" or any similar casual or occasional sale advertised
to the public at large as such.
An individual, partnership, family group, an unincorporated
association or a corporation.
Items, goods, merchandise, clothing, furniture or other tangible
property which is owned, utilized and/or maintained by an individual
or members of his/her residence and acquired by such individuals in
the normal course of living in or maintaining a residence. It does
not include merchandise which was purchased for resale or obtained
on consignment.
A single- or multiple-family dwelling unit used for residential
purposes which is not located in an area of the Town zoned for commercial,
industrial, business, manufacturing or mercantile uses.
The Town of Oakland.
It shall be unlawful after the effective date
of this chapter for any person to conduct a garage sale from residential
premises of the Town for more than three consecutive days. It shall
also be unlawful for any person to conduct a garage sale from residential
premises of the Town more than twice in any one twelve-consecutive-month
period. Garage sales pursuant to this chapter shall be conducted between
the hours of 8:00 a.m. and 6:00 p.m. only.
A.
Signs permitted. Only the following specified signs
may be displayed in relation to a pending garage sale:
(1)
Two signs permitted. Two signs of not more than six
square feet each are permitted to be displayed on the property of
the residence where the garage sale is being conducted.
(2)
Directional signs. Two signs of not more than six
square feet each are permitted on other premises, provided that written
permission to erect said signs is received from the property owners
upon whose property such signs are to be posted.
B.
Time limitations. No sign or other form of advertisement
shall be exhibited for more than two days prior to the day such sale
is to commence.
C.
Removal of signs. All signs must be removed by the
end of the final day of the sale.
D.
No sign or other display advertising the sale shall
be placed on any public place or right-of-way of the Town, and no
illuminated or lighted sign may be used to advertise a garage sale.
This chapter shall not apply to a person selling
personal property pursuant to an order or process of a court of competent
jurisdiction or to any public official acting pursuant to and within
the scope of his authority.
The following are additional regulations for
any garage sale:
A.
The person having a garage sale shall be responsible
for the maintenance of good order and decorum on the premises during
the hours of the garage sale and shall not permit the parking of motor
vehicles on or about the public streets or such premises which would
impede the flow of vehicular traffic and shall not obstruct or impede
pedestrian traffic on the sidewalks of the Town.
B.
It shall be unlawful for any individual to sell or
offer for sale, under authority granted by this chapter, property
other than personal property as defined herein.
C.
Notwithstanding the foregoing, members of more than
one residence may join together in single sale held at one of their
residences.
D.
No premises may be used and no person may participate
in a garage sale held on more than two consecutive weekends (or other
three-day period).
E.
The maximum duration of a garage sale is three consecutive
days.
F.
No personal property or goods to be sold at the yard
or garage sale shall be placed or stored outside except during the
permitted duration of the garage sale.
G.
A garage sale may be held during daylight hours only.
It shall be unlawful for any person or persons to fail to comply with this chapter or any provisions of this chapter. Failure to comply with these regulations shall be a municipal infraction, subject to fines and penalties in accordance with Chapter 40, Municipal Infractions.
