In the event that any garage sale is conducted and/or allowed to be conducted in violation of this chapter, in addition to penalties by means of fine, the city may institute any appropriate action or proceeding to prevent, and/or abate, any garage sale not being conducted lawfully pursuant to this chapter, it being hereby declared that garage sales not conducted in conformity with this chapter shall constitute an additional category of nuisance within the city. In any such action or proceeding the court with jurisdiction thereof may be requested to issue a restraining order or a preliminary injunction, as well as a permanent injunction, upon such terms and other such conditions as will do justice and enforce the purposes of this chapter. If a permanent injunction is decreed in any such action or proceeding, the court in it’s decree may in its discretion allow the city a reasonable sum of money for services of the city that is necessarily incurred in connection with abating the unlawful conduct of said garage sale. This allowance shall be considered a part of the costs of the litigation assessed against the defendant and may be recovered as such.
(Ord. 1861, passed 9-27-2004)