(A) Defined. The term YARD SALE shall mean any display of merchandise for the purpose of exchanging it for legal tender or barter at a location not otherwise regularly used or specifically designated for the sale or exchange of merchandise. Events commonly known as “garage sales”, “tailgate sales”, “flea markets”, “house sales”, “moving sales” and the like shall be defined as YARD SALES under the provisions of this section.
(B) Licenses. No person or organization shall operate a yard sale within the village without first obtaining a license therefor. The license for multi-family (three or more families) must be obtained at least five days prior to the date of the yard sale. Individuals holding single-family yard sales need only to apply for a license one day prior to the date of the yard sale.
(1) The person desiring a license may obtain the same by making application to the Village Clerk and providing the following information:
(a) The name of the applicant;
(b) The address of the applicant;
(c) The phone number of the applicant; and
(d) The duration of the yard sale.
(2) A license issued pursuant to this section shall be valid only for the particular sale and premises designated on the license. The license shall be posted in the front yard area, visible to the police from the roadway. Licenses are non-transferable.
(C) License exceptions. The provisions of this section shall not apply to bankruptcy, estate or other sales under judicial process, licensed and authorized auctions and sales conducted at and by organizations affiliated with churches, schools, federal, state, city, county and township government units provided that those organizations are non-profit, religious, civic and/or charitable in nature.
(D) Limitations.
(1) No yard sale shall be conducted for a period greater than three successive calendar days.
(2) Yard sales shall be conducted only during the periods from 7:30 a.m. and 5:00 p.m. on the day(s) of the sale.
(3) Yard sales shall be held no more than three times within the same calendar year at the same location.
(4) Yard sales shall be held no sooner than 30 days subsequent to the close of a previous yard sale at the same location.
(5) It shall be unlawful for anyone to conduct a retail selling business pursuant to a permit issued under this section, or to engage in any sales other than those of junk, secondhand, antique or other used or discarded items of property.
(6) No booths or concession stands shall be placed in the roadway.
(7) Yard sale signs shall be constructed in accordance with § 154.149 of this code of ordinances. No signs or advertising shall be posted on utility poles or village-owned poles (i.e., stop signs, speed restriction signs, no parking signs, street signs and the like). Signs must contain the name and address of the of the license holder along with the license holder’s signature.
(Prior Code, § 13-225) (Ord. 1392, passed 11-16-2001; Ord. 1416, passed 6-6-2005) Penalty, see § 130.99