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(a) A garage sale may be held either in or about a garage, or in a rear yard as described in Section 1383.02 of these Codified Ordinances. No garage sale may be held in a front yard or a side yard, except as provided in division (b) of this section.
(b) In circumstances where it is shown that the premises has no garage or rear yard or a rear yard where, in the judgment of any person authorized to issue citations, it would be impractical or impossible to have a yard sale, a garage sale shall be allowed in a side or front yard as any person authorized to issue citations may designate, with the following provisions:
(1) A side yard is preferred over a front yard where practical.
(2) Citizens are required to obtain official judgment under this division (b) before holding a garage sale and should seek approval from the Housing or Building Department.
A. The citizen has the burden to show that the garage sale cannot be held as prescribed in division (a) of this section.
B. In such a case, the garage sale authorization shall state that a garage sale may be held in a front or side yard.
(Ord. 84-2005. Passed 6-6-05.)
(a) There shall be no suspension of any title of the Traffic Code for garage sales.
(b) If any title, chapter or section of the Traffic Code is violated in connection with the patronage or holding of a garage sale, the violation shall be considered a separate violation of the Codified Ordinances and therefore the violator may be subject to additional penalties under Section 1744.99.
(Ord. 84-2005. Passed 6-6-05.)
The Commissioner of Buildings, the Housing Manager, or any appointee of either officer, is authorized to issue warnings or citations for violations of this chapter. Any warning or citation so issued shall comply with the requirements set forth in Section 1744.99. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 84-2005. Passed 6-6-05.)
(a) Whoever violates or fails to comply with any provision of this chapter shall be issued a warning citation for a first violation. A copy of the rules or regulations for garage sales shall be included with the warning citation and the delivery of the rules noted on records kept by the Housing Department.
(b) Whoever violates or fails to comply with any provision of this chapter shall be issued a noncompliance citation for a second violation at the same address. Such noncompliance shall include an assessment fee of thirty-five dollars ($35.00). The fees shall be paid to the City within 30 days of issuance.
(c) Whoever fails to comply with division (b) of this section or violates or fails to comply with any provision of this chapter for a third or subsequent time at the same address is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred and fifty dollars ($250.00) or imprisoned not more than 30 days, or both, for each offense.
(d) The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an illegal or unlawful act, conduct, or use, in or about any premises, or to require compliance with the provisions of this chapter.
(Ord. 84-2005. Passed 6-6-05.)