(A) Definition. Any general casual sale, open to the public and conducted on residential premises for the purpose of disposing of miscellaneous primarily used personal property. As used in this section, this definition shall include but is not limited to any sale entitled "garage sale", "patio sale", "yard sale", "carport sale", "basement sale", "porch sale", "driveway sale", or "rummage sale".
(B) Registration Required. Any person planning to conduct a garage sale in the city shall contact the City of West Carrollton Planning and Building Department prior to the sale and furnish the following information:
(1) The name and phone number of the person conducting the sale, who shall be a resident of the city;
(2) The address of the premises where the sale is to be conducted;
(3) The dates and hours of duration of the sale;
(4) The dates of any garage sales held on the property within the current calendar year; and
(5) Any additional information deemed necessary by the Planning and Building Department.
(C) Prohibitions.
(1) No garage sale shall be conducted on the same property more than two times within a calendar year, with each sale not to exceed 72 hours. Garage sales occurring more frequently are considered as engaging in a retail sales business in a residential zone, which is prohibited.
(2) No garage sale shall be conducted by a person who does not own or lease the premises on which the sale is conducted.
(3) No garage sale shall be conducted prior to 8:00 a.m. or after dusk.
(4) No garage sale shall offer for sale primarily a single commodity, nor primarily new merchandise or food items.
(5) No items for sale, signs, or other materials relating to the sale shall remain in public view after dusk on the last day of the sale.
(6) No fee or other charge shall be imposed upon members of the public attending any garage sale.
(D) Signs. Temporary signage promoting a garage sale shall meet all requirements of Chapter 153, Signs.
(E) Block Garage Sales. By submitting the unanimous written consent of all involved property owners on a residential block, a request may be made to the City of West Carrollton for permission to hold a "block garage sale". Each resident participating in such sale shall be included in the information required in paragraph (B) of this section. Block garage sales shall meet all requirements of this section.
(F) Exceptions.
(1) Participation in the City of West Carrollton's annual Community Garage Sale Day(s) shall not be counted toward the maximum number of sales permitted in paragraph (C)(1).
(2) Notwithstanding the requirements of paragraph (C)(1), one additional sale per property may be held under each of the following circumstances:
i. If it is made necessary through the estate or guardian of a resident of the premises, commonly known as an "estate sale".
ii. If the resident is relocating from the premises, commonly known as a "moving sale".
(3) It is not the intent of this section to prohibit sales by nonconforming businesses located in residential zoning districts.
(G) Penalty. Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than twenty-five dollars ($25) for a first offense, not more than fifty dollars ($50) for a second offense, and not more than one hundred dollars ($100.00) for a third and each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (Ord. 3449. Passed 5-11-10.)