ARTICLE 4.800 GARAGE SALES
Sec. 4.801 Definition
For the purpose of this article, the following term shall mean:
Garage Sale. Any occasional sale of personal property items, including rummage sales and yard sales.
Sec. 4.802 Permit Required
No person shall conduct a garage sale within the city without first filing with the city an application for a permit for the garage sale. There shall be no permit fee for four garage sales per calendar year. Two additional garage sales shall be allowed with a permit fee of $25.00 per garage sale. The permit which shall be prominently displayed on the premises, shall contain the name of the person who will conduct the sale, the address at which the sale will be held and the dates on which the sale will be held . Participation in a citywide garage sale event shall not count toward the maximum number of garage sales allowed at a location within a calendar year.
Sec. 4.803 Restrictions on Conduct of Sale
(a)No person other than the occupant shall conduct a garage sale. No person shall conduct a garage sale if such a sale has been conducted on the same property or premises within the period of three (3) months immediately preceding the date of the commencement of the proposed sale except that in the event there has been a change of occupancy upon the property or premises then the new occupant shall be permitted to hold one (1) garage sale on the property or premises within the above referenced three-month period.
(b)No person shall sell or offer for sale at a garage sale merchandise other than used and discarded items of personal property belonging to the occupant. The occupant may allow the neighbors to sell their items at the occupant's garage sale provided the majority of all of the items to be sold are owned by the occupant.
Sec. 4.804 Length and Time of Holding Sale
No garage sale shall be conducted for a period in excess of seventy-two (72) consecutive hours. In the event the person who is issued a permit does not hold the garage sale on the days for which the sale was originally permitted, he/she may return the paperwork to the city on or before the first working day after the originally permitted sale date and reschedule the sale for a date not more than sixty (60) days after the originally permitted date.
Sec. 4.805 Hours of Operation
Garage sales may only be held between the hours of 8:00 a.m. and 7:00 p.m.
Sec. 4.806 Display of Sales Merchandise
Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or in the yard of the property; and only in such areas. No property offered for sale shall be displayed in any public right-of-way, sidewalk, alley, or street.
Sec. 4.807 Signs
All off-premises signs advertising the garage sale shall be in compliance with the city's sign ordinance. A maximum of two (2) on-premises signs may be placed within the property of the sale. No on- or off-premises sign shall be placed in the public right-of-way. Signs found within the city which are unlawfully posted upon utility poles, regulatory signs or posts, or are placed on sidewalks, in the right-of-way, or any other area not allowed by this article, are hereby declared a nuisance to public safety, as they detract from the driving public's attention to traffic signals as well as other vehicular and pedestrian traffic. Police officers may summarily remove posted signs as evidence of unlawful activity in preparation for prosecution. If no prosecutorial action is taken, the signs may be destroyed.
Sec. 4.808 Penalties
Any person violating any of the provisions of this article shall be deemed guilty of a violation and, upon conviction, shall be fined not less than $25.00 nor more than $500.00, excluding court costs and assessments.
(Ordinance 2018-19 adopted 7/12/18)