725.03 ISSUANCE OF PERMIT; CONDITIONS AND REQUIREMENTS.

      The following provisions and regulations shall govern and control the issuance of any permit provided for or contemplated by the provisions of this chapter:

      (a)    Application for a permit shall be made in writing, to the Mayor, in such form as shall be prescribed by him, at least three days prior to the date proposed for the holding or conducting of such sale.

   (b)   Such application shall be signed by the person proposing to hold, conduct or manage such sale and by the owner of the property where such sale is to be held if the identity of such persons shall be different. The Mayor may waive the signature of the owner.

   (c)   Such application shall set forth the address of the property where such sale is to be held; the name of the owner and occupant thereof; the name of the person who will be in charge of such sale and the dates upon which and the hours during which such sale is proposed to be conducted.

   (d)   No permit shall be issued to authorize the holding of such a sale which shall extend for more than a period of three days' duration; or before 9:00 a.m. or after 7:00 p.m. on any sale day. For good cause shown the Mayor may grant an extension of not more than two days for the duration of any sale.

   (e)   Not more than two permits for the holding of such a sale shall be issued within the same twelve month period for any premises.

   (f)   No permit shall be issued to authorize the holding of such a sale where it is intended to sell or offer for sale any property other than such as is described in Section 725.01, or any property which is not on the date of such application legally owned by the occupant of the premises where such sale is proposed to be conducted, or any property which has not been continuously physically located upon such premises for a period of at least thirty days next preceding the date of application for such permit.

      (g)    No permit shall be issued to authorize the holding of such a sale when such sale is to be conducted or managed in any way, whether directly or indirectly, by any person other than the occupant of the premises where the sale is to be conducted unless there shall have been filed with the Mayor a good and sufficient bond in the sum of five hundred dollars ($500.00) with two or more sureties thereon or with the surety thereon being a surety company authorized to do business within the State of Ohio, which bond shall be subject to the approval of the Director of Law, and shall be conditioned upon the faithful observance of all the provisions and conditions of this chapter and the terms and conditions of the permit so to be issued, and which shall also indemnify any purchaser at such sale who suffers any loss by reason of any misrepresentation made in the course of such sale or with respect to any property there sold. (Adopting Ordinance)

      (h)   No permit shall be issued for a sale to be conducted on Sunday or any legal holiday unless the merchandise to be sold is contained entirely within the confines of the dwelling itself, excluding the garage, or within the rear yard in an area not visible from the street.

   (i)   The display for sale of any personal property authorized by a permit issued under this chapter shall be permitted only in accordance with the following:

      (1)   Personal property offered for sale may be displayed within the residence, in the rear yard area provided that the same is displayed no closer to the side yard line than the main use structure and in a garage or outside the garage only on the driveway area and within ten feet of the garage door opening.

            (2)    The display for sale of personal property at corner lot homes shall be limited to display within the residence, within the garage and outside the garage on the driveway area provided the same is within ten feet of the garage door opening.

      (3)    At homes with detached garages the display for sale of personal property shall be permitted only in rear yard areas no closer to the side yard than the main use structure and in the driveway but no closer to the street than the front building line.

   (j)   All signs providing notice or advertising for any sale authorized pursuant to this chapter shall be placed only on the property of the person to whom the permit is issued. No such sign shall be placed on any other property, either public or private. All such signs shall be placed not sooner than one hour prior to the commencement of such sale and shall be removed not later than one hour following the conclusion of such sale.

      (Ord. 35-2020. Passed 12-8-20.)