(A) Generally. The following regulations shall include all general sales open to the public from or on residential premises or any residentially zoned site for the purpose of disposing of personal property, including, but not limited to: all sales entitled garage, lawn, attic, yard, porch, room, backyard, patio or rummage sales, and sales of surplus produces and plants grown in an approved community garden. This section shall not include a situation where no more than five specific items are held out for sale and advertisement of the sale specifically names those items to be sold. For purposes of this section, personal property shall mean property which is owned, utilized and maintained by an individual or members of his or her household and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
(B) Exemptions. The provisions of this section shall not apply to or affect the following:
(1) Persons selling good 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 sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein the sale would be permitted under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances; and/or
(4) Any bona fide charitable, educational, cultural or governmental institution or organization, when the proceeds from the sale are used directly for charitable purposes of the institution or organization and the goods or articles are not sold on a consignment basis.
(C) Permit required. No garage sale shall be conducted unless and until the individuals designated to conduct the sale shall obtain a permit from the Building Department. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them. This permit shall be posted to be visible from the street.
(D) Parking of vehicles. All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the Police Department may enforce such temporary controls as required to alleviate any special hazards and/or congestion created by any garage sale.
(E) Posting of signs. Only the following specified signs may be displayed in relation to a pending garage sale:
(1) Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted;
(2) Signs must be removed at the close of the garage sale activity; and
(3) No sign will be affixed to utility poles, trees or posts within the city rights-of-way or placed on public property.
(F) Duration of sales. Garage sales lasting more than one day shall be held on consecutive days and not sale shall exceed three days.
(G) Garage sales limited to daylight hours. All garage sales shall be limited to the daylight hours.
(H) Number of sales allowed per year. All garage sales shall be restricted to not more than three per address during any one calendar year.
(Ord. 1200-13, passed 4-8-2013)