(A) Garage sale items may be displayed for sale only in the following areas: residential yard including the front or back yard, garage, patio area, under a carport covering, driveway, or inside a residence.
(B) Garage sale items shall be placed at least ten feet from the roadway and at least five feet from each side property line.
(C) Garage sale items shall not be placed within the public right-of-way.
(D) It shall be unlawful for a person to sell, offer for sale, or display for sale more than two identical items at a garage sale. For purposes of this chapter, the meaning of “identical items” shall include matching articles of clothing in different sizes or identical housewares in different colors. Items typically sold in sets (such as tableware) are allowed; provided, however, that whole sets are not offered for sale in multiples exceeding two.
(E) It shall be unlawful for a person, under the pretense of conducting a garage sale, to engage in commercial activity on any residential property or self-storage facility. For the purposes of this chapter, a person is presumed to be engaging in commercial activity if he or she does any of the following:
(1) Displays new/unused items of tangible personal property for sale. For purposes of this chapter, items for sale are presumed to be new if they are displayed in their original wrapping or packaging, still have price tags or sticker affixed to them, or otherwise appear to be of such character that they appear to have never been used or operated.
(2) Displays for sale items of tangible personal property in volumes exceeding the regular expected number of such personal property items present at a single-family dwelling. For example, more than two refrigerators, freezers, washing-machines, etc.
(3) Transports large quantities of items to a residential property or self-storage facility for the purpose of displaying for sale.
(F) Garage sale items shall be removed from public view by 8:00 a.m. the day following the last day of the sale. Garage sale items include, but are not limited to displays, tables, canopies, racks, tarps, boxes, bins, trash, leftover sale items, and advertising signs.
(Ord. 04-2023-30, passed 4-25-23)