Section
114.01 Title
114.02 Intent and purpose
114.03 Definitions
114.04 Property permitted to be sold
114.05 Permit required
114.06 Application required
114.07 Permit fee
114.08 Permit issuance; conditions
114.09 Days and hours of operation
114.10 Exceptions
114.11 Prior sale verification
114.12 Display of sale property
114.13 Display of permit
114.14 Advertising; signs
114.15 Public nuisance
114.16 Inspection; authority of inspector
114.17 Parking
114.18 Denial of permit or revocation of permit
114.19 Persons exempted from chapter
114.99 Penalty
The City Commission of the city finds and declares that:
(A) The intrusion of non-regulated garage sales is causing annoyance to the citizens and residential areas in the city, and congestion of the streets in residential areas in the city;
(B) The provisions contained in this chapter are intended to prohibit the infringement of any businesses in any established residential areas by regulating the term and frequency of garage sales, so as not to disturb or disrupt the residential environment of the area;
(C) The provisions of this chapter are designed to control the operation of garage sales conducted in non-residential areas where the same are not carried on a daily basis, but rather on an occasional basis;
(D) The provisions of this chapter do not seek to control sales by individuals selling a few of their household or personal items; and
(E) The provisions and prohibitions hereinafter contained are enacted not to prevent garage sales, but to regulate garage sales for the safety and welfare of the city’s citizens.
(1994 Code, § 9-602) (Ord. 410, passed 3-10-1986)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.
GARAGE SALES. All general sales, open to the public, conducted from or on any premises in any residential or non-residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled “garage”, “lawn”, “yard”, “attic”, “porch”, “room”, “backyard”, “patio”, “flea market” or “rummage” sale. This definition does not include the operation of such businesses carried on in a non-residential zone where the person conducting the sales does so on a regular day to day basis. This definition shall not include a situation where no more than five specific items or articles are held out for sale and all advertisement of such sale specifically names those items to be sold.
PERSONAL PROPERTY. Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired 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.
(1994 Code, § 9-603) (Ord. 410, passed 3-10-1986)
It shall be a civil offense for any person to sell or offer for sale, under authority granted by this chapter, property other than personal property.
(1994 Code, § 9-604) (Ord. 410, passed 3-10-1986; Ord. 494, passed 9-2-1993) Penalty, see § 114.99
No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the city. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them. Permits may be obtained for any non-residential location.
(1994 Code, § 9-605) (Ord. 410, passed 3-10-1986) Penalty, see § 114.99
Prior to the issuance of any garage sale permit, the individual conducting such sales shall complete the garage sale permit application fee as set forth in § 111.07. The following information shall be required with the submittal of said application:
(A) Full name and address of applicant;
(B) The location at which the proposed garage sale is to be held;
(C) The date or dates upon which the sale shall be held. Dates of any other garage sales that said person has held in current calendar year;
(D) A written statement from applicant that they are the owner of said property location where sale is to be held or a written statement from property owner/landlord that they have granted permission for applicant to hold garage sale at the property location; and
(E) By signing said application, applicant agrees to the rules and regulations to hold such sale.
(1994 Code, § 9-606) (Ord. 410, passed 3-10-1986; Ord. 822, passed 8-27-2018)
(A) There shall be an administrative processing fee of $5 for the issuance of residential garage sale permit. (Held on residential property owned or rented by applicant.)
(B) There shall be an administrative fee of $25 for the issuance of any permits to participate in the garage sale known as the 411 yard sale for any property location other than residential property as set forth in division (A) of this section.
(1994 Code, § 9-607) (Ord. 410, passed 3-10-1986; Res. 1199, passed 5-21-2018; Ord. 822, passed 8-27-2018)
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