Chapter 16 — GARAGE SALES

Section

3-16-1 Intent and purpose

3-16-2 Garage sale defined

3-16-3 Permits required

3-16-4 Who may conduct a garage sale; frequency of sales

3-16-5 Application for permits

3-16-6 Issuance of permits

3-16-7 Duration of sale

3-16-8 Revocation of permits

3-16-9 Right of appeal

3-16-10 Exceptions

3-16-11 Violations

3-16-12 Fees

It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially zoned property; and to curb the evasion of business license fees.

(Ord. 509, passed 12-4-2001)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

GARAGE SALE. A sale conducted by an individual homeowner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings, or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, “lawn sale”, “attic sale”, “rummage sale”, “moving sale”, “flea market sale”, “yard sale” or other terms of similar or like intent and having the foregoing characteristics and purposes are GARAGE SALES, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and excluding those sales sponsored by bona fide service clubs.

(Ord. 509, passed 12-4-2001)

Any person proposing to promote, advertise, or conduct a garage sale shall, prior thereto, obtain a permit from the Finance Department.

(Ord. 509, passed 12-4-2001)

(A) Garage sales may be conducted by the following person(s):

1. The owner or occupant of any residential unit within the city, or a member of the occupant’s family unit, provided such

persons are actually residing upon the premises as their principal place of residence. This includes a family unit member who is a member of a service club or high school activity club who is sponsoring a sale for that club; and

2. No more than four garage sales shall be conducted at any residential unit within the city during a calendar year (January

1 through December 31) by persons permitted to conduct such sales pursuant to this section.

(B) In determining the number of garage sales conducted during the calendar year at the residential unit, all sales conducted by the owner, occupant or member of the owner’s family or occupant’s family unit shall be included. The term FAMILY UNIT shall be defined to mean all those persons who reside with the owner or occupant at the address of the residential unit.

(Ord. 509, passed 12-4-2001)

Persons authorized to conduct garage sales pursuant to this chapter shall make verified application therefor in a form satisfactory to the Finance Department. The application shall contain the following:

(A) The name of the applicant;

(B) The address and phone number of the applicant;

(C) The location of the proposed garage sale;

(D) The date(s) and hours upon which it is proposed to conduct the garage sale;

(E) The date or dates of any prior garage sales held at the residence; and

(F) A statement that the applicant is either an owner/occupant, a renter/lessee, or a member of the family unit of such owner/occupant or renter/lessee. At the discretion of the Finance Department, the applicant may be required to provide verification of applicant’s ownership, occupancy or family unit status in a form satisfactory to the Director of Finance or his or her designee.

(Ord. 509, passed 12-4-2001)

Upon receipt of the application, the Finance Director or designee shall issue the permit to the applicant provided that the Finance Department determines that all of the provisions of this chapter have been met. The permit shall specify the following:

(A) The name of the permitted;

(B) The exact address or location where the garage sale is to be conducted;

(C) The date or dates upon which the sale is to be conducted;

(D) The hours of the day during which said sale is to be conducted;

(E) The requirement that signs may be used to advertise said sale, which sign shall be displayed only during the date or dates and hours of said sale, and no signs shall be attached in any way to any street pole, utility pole, traffic control pole or any city street tree. All signs must be removed from any posted location following the sale or fines will be imposed;

(F) A general description of the property to be offered for sale;

(G) The requirement that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or other applicable provisions of law;

(H) The requirement that the permit shall be prominently displayed at the location of the garage sale; and

(I) Such other conditions relating to the promotion, advertising and conducting of the garage sale which, in the opinion of the Police Chief, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.

(Ord. 509, passed 12-4-2001)

No garage sale permit shall be issued permitting the promotion, advertising or conducting of a garage sale for more than three consecutive days.

(Ord. 509, passed 12-4-2001)

The Finance Director or designee shall have the authority to revoke at any time any permit granted in accordance with this chapter upon determining that the garage sale permitted thereby has been promoted, advertised or conducted in violation of any of the provisions of this chapter, or in violation of the provisions or conditions of the garage sale permit issued for such sale, or in such manner as to deceive or defraud the public, or that the permitted has committed any of the following:

(A) Made any material misstatement in the application for such permit;

(B) Been guilty of a fraudulent practice, or practices in the promotion, advertising or conduct of the sale authorized by such permit; and

(C) Violated any of the provisions or conditions of the permit, or violated any of the provisions of this chapter or of any other provision or law in promoting, advertising or conducting such sale.

(Ord. 509, passed 12-4-2001)

Any person denied a permit or aggrieved by the conditions attached thereto, or having had a permit revoked, may appeal the decision of the Finance Director to the City Council by filing with the City Clerk, within ten days after notice of the denial or conditions of revocation, a written request for review of the decision and stating facts supporting such request. The Council shall, upon the review, affirm, modify or reverse the decision of the Finance Director.

(Ord. 509, passed 12-4-2001)

This chapter shall not apply to the following persons:

(A) Persons selling goods pursuant to an order of process of a court of competent jurisdiction, including estate sales;

(B) Persons acting in accordance with their powers and duties as public officials; and

(C) Persons promoting, advertising, or selling an item or items of personal property which are specifically named in any advertisement therefor.

(Ord. 509, passed 12-4-2001)

Any person violating any of the provisions of this chapter is guilty of an infraction and is subject to a citation and a fine as follows: $25 for the first offense; $50 for the second offense; and $100 for each violation thereafter.

(Ord. 509, passed 12-4-2001)

The first garage sale permit each calendar year will be free of charge. The remaining three permits authorized each year will be $10 each.

(Ord. 509, passed 12-4-2001)