(A) Title. This section shall be known and may be cited as the “Village Garage Sale Ordinance”
(1984 Code, § 4-02-01-010)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARAGE SALE SHALL. An offering for sale of tangible personal property or goods at a place of residence or in a residentially zoned area of the village and shall include items, such as YARD SALE, PORCH SALE, BASEMENT SALE, RUMMAGE SALE, ESTATE SALE, or similar terms having the same purpose and effect.
PERSONS. Includes individuals, groups, organizations, partnerships, voluntary organizations, and corporations.
(1984 Code, § 4-02-01-010)
(C) Regulations.
(1) No such sale shall be conducted for more than three consecutive days, nor more often than four times in any one-year period.
(2) No items offered for sale shall be displayed within the village street or sidewalk right-of-way or in such a manner as to obstruct the normal flow of vehicles or pedestrian traffic.
(3) All signs pertaining to garage sales must comply with § 154.03(B)(11).
(1984 Code, § 4-02-01-020)
(D) Permit required.
(1) (a) It shall be unlawful for any person, owner, tenant or lessee of a residence to conduct, advertise or promote a garage sale without first obtaining from the Village Police Department a permit to do so.
(b) The request for application for a permit shall include the following information:
1. The names and address of the persons conducting the sale and the residence where the sale will take place, if different;
2. The date the sale will commence and end and the date of any prior sale at the same residence;
3. A general description of the items to be offered for sale; and
4. An affirmation that the items to be sold are the sole property of the applicant and were not purchased for the purpose of resale.
(2) There shall be no charge for the sale permit; however, no more than one permit shall be issued for any one residence within any calendar quarter.
(3) The permit or permit number shall be displayed in a front window at the sale location.
(1984 Code, § 4-02-01-030)
(E) Exemptions.
(1) This section shall not apply to legitimate moving or estate sales conducted in accordance with the sale of a residence or a judicially sanctioned estate or probate sale.
(2) This section shall not apply to sales by persons selling three items or less of tangible personal property or goods, which they own and which is not displayed for sale.
(3) This section shall not prohibit sales authorized by other ordinances of the village.
(1984 Code, § 4-02-01-040)
(Ord. 150, passed 11-12-1985; Ord. 421, passed 10-31-2012) Penalty, see § 131.99