§ 115.03  PERMIT REQUIRED; FEE; CONDITIONS FOR SALES.
   (A)   It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the city without first obtaining a garage sale permit from the Clerk-Treasurer's Office after filing an application containing the information hereinafter specified.
   (B)   Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the City Clerk-Treasurer in advance of the proposed sale, setting forth the following information:
      (1)   The full name and address of applicant;
      (2)   The location at which the proposed garage sale is to be held;
      (3)   The date or dates upon which the sale shall be held;
      (4)   The date or dates of any other garage sales within the current calendar year; and
      (5)   An affirmative statement that the property to be sold was owned by the applicant as the applicant's own personal property and was neither acquired or consigned for the purposes of resale.
   (C)   Each permit application shall be accompanied by a permit administration processing fee as shall be set from time to time by resolution of the Common Council of the city.
   (D)   It shall be unlawful to participate in more than two garage sales in any one calendar year. For the purposes of this division, participation in the "City-Wide Garage Sale" as scheduled and approved by the city shall not be considered as counting toward the two garage sale limit within said calendar year.
   (E)   Not more than two garage sale permits shall be issued to any one person in any one calendar year. For the purposes of this division, participation in the "City-Wide Garage Sale" as scheduled and approved by the City shall not be considered as counting toward the two garage sale limit within said calendar year.
   (F)   Not more than two garage sale permits shall be issued for any one premises in any one calendar year. For the purposes of this division, participation in the "City-Wide Garage Sale" as scheduled and approved by the city shall not be considered as counting toward the two garage sale limit within said calendar year.
   (G)   It shall be unlawful to conduct any garage sale with a duration exceeding three consecutive days. This three-day limitation shall apply to all permitted garage sales, including the "City-Wide Garage Sale." All garage sales shall be limited in time to daylight hours.
   (H)   The garage sale permit must be posted at a visible location to the traveling public for the duration of the sale.
   (I)   No personal property offered for sale at a garage sale shall be displayed in any public right-of-way.
   (J)   All garage sale signage shall be in compliance with the City of Berne Signage Ordinance.
   (K)   Upon the completion of a garage sale as set forth herein, all remaining property that was offered for sale, all tables and other items used to display such property, and all signage for used in said sale shall be removed from a visible location to the traveling public within 12 hours of the termination of the sale.
(Ord. 658, passed 8-25-14)