ARTICLE 709
Home Sales
709.01   Home sale defined.
709.02   Intent; scope.
709.03   Compliance; maximum number of sales.
709.04   Hours and merchandise permitted.
709.05   Advertising signs.
709.99   Penalty.
 
CROSS REFERENCES
Obtaining money by false pretenses - see W. Va. Code 61-3-24
 
709.01 HOME SALE DEFINED.
   As used in this article, “home sale” means a sale of personal property to the general public conducted on any portion of a resident’s property within a Residential Zoning District, including, but not limited to, garage sales, patio sales, yard sales, carport sales, basement sales, porch sales, driveway sales, and the like.
709.02 INTENT; SCOPE.
   (a)   It is the intent of this article to regulate, restrict, and control home sales conducted on premises within Residential Zoning Districts.
   (b)   This article shall not apply to:
      (1)   Nonprofit corporations, churches, temples, or recognized fraternities, sororities, clubs, or lodges conducting home sales; provided, that such nonprofit corporations, churches, temples, or recognized fraternities, sororities, clubs, or lodges conduct their sales on real estate owned and/or occupied by such organizations; or
      (2)   Sales conducted by nonconforming businesses located in Residential Zoning Districts.
709.03 COMPLIANCE; MAXIMUM NUMBER OF SALES.
   No home sale shall be conducted by the same resident or a member of the family of such resident on such resident’s property or on another resident’s property more than twice each twelve- month period and sale lasting no longer than two days.
709.04 HOURS AND MERCHANDISE PERMITTED.
   (a)   No person shall conduct a home sale except between the hours of 8:00 a.m. and 8:00 p.m. No home sale shall last more than two (2) consecutive days.
   (b)   No person shall offer any merchandise for sale that has been purchased by or for, given to, or placed with, the resident for purposes of resale at such home sale. Any new merchandise offered for sale shall be prima-facie evidence of merchandise purchased by the resident for resale at such home sale.
709.05 ADVERTISING SIGNS.
   No resident shall post more than two temporary signs advertising a home sale. The temporary signs shall be located as follows:
   (a)   One directional sign posted in the City right of way at the corner of the street where the sale is to be conducted; and
   (b)   One sign to be located on the lot where the sale is to be conducted.
   (c)   No sign shall be placed on City right of way for home sales/yard sales located outside this corporate limits.
   Such home sale signs shall not exceed four and one-half square feet in area and such sign shall not be illuminated or animated. Signs shall be removed within twenty-four hours from the time the home sale ends.
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