Loading...
The Town Council finds and declares that the nonregulated sales of personal property in districts zoned residential in the town designated herein as garage sales are annoying to citizens of the town, conducive to congestion in the area, and that it is necessary for the safety and welfare of the citizens of the town to enact the provisions and prohibitions herein contained, not to prevent, but to regulate the sales.
(Ord. 11-1982, passed 12-6-1982)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARAGE SALE. All general sales, open to the public, conducted from or on a residential premise in any 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.
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.
RESIDENTIAL DISTRICT. All districts shown in the code of ordinances and the zoning maps pertinent thereto which are zoned for residential one- or two-family or multiple residential use only within the corporate limits of the town.
(Ord. 11-1982, passed 12-6-1982)
(A) Time limits.
(1) No garage sale shall be conducted by any person, or held by any person, for a period in excess of four consecutive calendar days regardless of the time of day the sale commences or ends at the place the sale is held.
(2) No garage sale shall be held on the same premises at the same location by any person or persons more than three times in any calendar year, nor within 30 consecutive calendar days of any previous garage sale on the same premises at the same location.
(B) Signs.
(1) Signs, posters, or other materials used to advertise or promote a garage sale shall not be placed on public property without written permission of the owner or public body responsible for the use of the property.
(2) Signs, posters, or other materials used to advertise or promote a garage sale shall not be placed so as to interfere, impede, or lessen the clear view of vehicular and pedestrian traffic.
(3) Signs, posters, or other materials used to advertise or promote a garage sale shall conform to all other governmental laws and ordinances and shall be removed within 24 hours after the last day of any individual garage sale.
(Ord. 11-1982, passed 12-6-1982) Penalty, see § 95.99
(A) The penalty for the violation of any provision of this chapter for which no specific penalty is prescribed shall be as prescribed by and set forth § 10.99 of Chapter 10 (Rules of Construction; General Penalty) of Title I (General Provisions) of the Town Code of Hagerstown, Indiana.
(B) A separate violation shall be deemed committed upon each day during which a violation occurs or continues.
(Ord. 11-1982, passed 12-6-1982; Am. Ord. 8-2007, passed - -)
Statutory reference:
Authority, see I.C. 36-1-3-8(a)(10)