(A) Exemptions. The provisions of this section shall not apply to or affect the following persons or sales:
(1) Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(2) Persons acting in accordance with their powers and duties as public officials.
(3) Any person selling or advertising for sale an item of personal property which is specifically named or described in the advertisement and which separate items do not exceed five in number.
(B) Permit required. It shall be unlawful for any person to conduct a garage sale in the city without first filing with the city a permit to do so, to be known as a garage sale permit.
(C) Permit issuance and display. A garage sale permit shall be issued to any one person or location only four times within a 12-month period and no such permit shall be issued for more than three consecutive calendar days; provided that a permit may be issued to a community non-profit organization that organizes and sponsors a garage or yard sale where individuals offer goods for sale, as a fundraising project. Each permit issued must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the permitted sale. Permit cost of $10 includes permit and one sign. Additional signs will cost $1 per sign.
(D) Required information. The information to be filed with the Clerk, pursuant to this division shall be follows:
(1) Name of person, firm, group, corporation, association, or organization conducting the sale;
(2) Name of owner of the property on which the sale is to be conducted and consent of owner if applicant is other than the owner;
(3) Address at which sale is to be conducted;
(4) Day(s) of sale;
(5) Date of sale;
(6) Sworn statement of affirmation by the person signing that the information given is full and true and known to him or her to be so.
(E) Garage sale signs.
(1) Garage sale signs may not be erected earlier than one day preceding the sale and shall be removed within one day following the sale. Signs will show the date(s) of the sale. A permit to hold a garage sale is required separate from the signage.
(2) The placement or installation of a garage sale sign in the right-of-way of any street, alley or public property is prohibited. No sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way. This section shall not be construed so as to prohibit vehicular signs as long as such comply with other provisions of this section; nor to prohibit the carrying or display of signs by a person or persons as long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances.
(F) Display, removal and storage of merchandise. It shall be the duty and responsibility of each person or entity obtaining a permit for a garage or yard sale, or holding or participating in a garage or yard sale, to comply with this section. No goods or merchandise shall be displayed outdoors for a period of more than 24 hours prior to the effective time authorized by the applicable permit for the garage sale and all such goods and merchandise shall be removed and stored immediately upon the close and termination of the sale. No goods or merchandise shall remain outdoors, or on any driveway, lawn or other open area, for a period of more than 24 hours prior to the beginning time of the sale or for a period of more than 24 hours after the expiration of the permit for the sale. All such goods and merchandise shall be moved to and stored in a roofed and enclosed room or building. Any person who shall violate this section shall be guilty of a misdemeanor.
(Ord. 2019-003, passed 3-29-2019)