Maywood Municipal Code Ch. 25 Sales of Personal Property in Residential Zones

Footnotes:

--- (2) ---

Editor's note— Ord. No. 14-01, § 1, adopted February 10, 2014, repealed the former Chapter 25, §§ 5-25.01—5-25.04, and enacted a new Chapter 25, §§ 5-25.01—5-25.04. The former Chapter 25 pertained to similar subject matter and derived from Ord. No. 83-260, adopted October 27, 1983; Ord. No. 95-422, adopted December 14, 1995; Ord. No. 00-472, adopted January 1, 2001; and Ord. No. 06-514, adopted February 9, 2006.

(a) Applicability. The provisions of this chapter apply to any person who intends to or who does sell, or display or offer for sale, to the general public any personal property in any residential zone including, without limitation, sales of personal property commonly known as "yard sales," "patio sales," "rummage sales," "estate sales," "garage sales," and the like.

(b) Special permit required. No person may sell, or display or offer for sale to the general public, any personal property in any residential zone, without first obtaining a special permit from the Business License Department.

(c) Limitations on issuance of special permits. No person may conduct a sale of personal property in a residential zone, nor may the Business License Department issue a special permit for that sale, unless that sale is proposed to be conducted during the designated weekend of the following months:

The word "weekend," as used in this section, means Friday through Sunday, inclusive.

(d) Other authorized sale of used personal property. Nothing contained in this section precludes the City Council, by resolution, from authorizing one (1) or more additional sales of used personal property during any calendar year. The date, time, location and requirements for participation in any such additional sale of used personal property will be as specified in the authorizing resolution.

(Ord. No. 14-01, § 2, 2-10-2014)

(a) Application for permit; payment of application fee.

(1) An applicant for a permit to conduct a sale of personal property to the general public in a residential zone must submit the following information on a form to be provided by the Business License Department.

a. Full name and residence address of the applicant.

b. The address where the sale will be conducted.

c. The proposed dates and hours of the sale.

d. A declaration, signed under penalty of perjury, that:

1. The applicant or member of the applicant's family own all of the used personal property to be offered for sale, that no personal property to be offered for sale has been acquired by or conveyed to the applicant for the purpose of resale for profit, and that the applicant will authorize the Sheriff's Department or the City's Code Compliance personnel to inspect all property to be offered for sale upon request by the Sheriff's Department or the Code Compliance Department.

2. The applicant has read and will comply with all requirements of this section.

(2) No permit authorizing the sale of personal property in a residential zone may be issued by the Business License Department unless the applicant has paid a permit application fee in the amount of fifteen and no/100ths ($15.00) dollars or a fee set by City Council resolution, subsequent to the adoption of this chapter.

(3) The following exemptions from payment of the permit application fee are authorized:

a. Where the applicant is sixty five (65) year of age, or older.

(b) Duration of permit. The permit issued by the Business License Department may authorize the permittee to sell personal property to the general public in a residential zone only on Friday, Saturday and Sunday of the designated weekend in the months of February, May, August, and November, between the hours of 7:00 a.m. and 4:00 p.m., subject to the restrictions set forth in Section 5-25.03 of this Chapter. Items offered for sale or used for display during the sale shall be removed so that they are not visible from the public right of way by 5:00 p.m. on each day of the yard sale.

(c) Permit index file. The Business License Department will maintain a data base file of all special permits issued in accordance with the provisions of this subsection. The data base file will identify the names of the permittees and the locations in residential zones where sales of personal property have been authorized.

(Ord. No. 14-01, § 2, 2-10-2014)

(a) An adult (eighteen (18) years old or older) must be present at all times during the sale of the personal property.

(b) No sign shall be exhibited for more than one (1) day prior to the sale and must be removed at the end of the last day of the sale. Signs shall be limited in number to two (2) signs on the property on which the sale is to be conducted. No signs shall be erected off site from the sale; this includes the public right of way, public poles, utilities, median island, etc. Posting of illegal signs in the public right of way may be subject to an additional fine.

(c) The display of the personal property, and related sales activities, may be conducted by the permittee anywhere on the residential real property identified in the permit; provided, however, that only a 10'x20' area is used per parcel; no sidewalk or parkway area may be used for display or any related sales activities.

(d) The personal property which is sold, or displayed or offered for sale, as authorized by the permit, is expressly limited to the used personal property of the permittee or the permittee's family members. The sale of new personal property is prohibited. No personal property of any nature may be moved from another location to the location identified in the permit for the purpose of selling, or displaying or offering for sale, that personal property. Permittees may only display three (3) total large like items (e.g. three (3) bicycles, one (1) child's bike, one (1) adult bike, one (1) tricycle), three (3) vacuum cleaners (two (2) canisters, one (1) upright). Activities construed as a small business are prohibited.

(Ord. No. 14-01, § 2, 2-10-2014)

(a) Enforcement. The Code Compliance Division and the Sheriffs Department will enforce the provisions of this section.

(b) Penalty for violation.

(1) Any person violating any of the provisions of this subsection is guilty of an infraction.

(2) Any person convicted of an infraction under the provisions of this subsection is punishable upon a first offense by a fine of not more than twenty-five and no/100ths ($25.00) dollars, and for a second conviction within a period of one (1) year by a fine of not more than fifty and no/100ths ($50.00) dollars, and for a third or any subsequent conviction within a period of one (1) year by a fine of not more than one hundred and no/100ths ($100.00) dollars.

(3) Violators will also forfeit any permit issued under this chapter and the right to seek a permit hereunder for one (1) year from the date of the violation.

(Ord. No. 14-01, § 2, 2-10-2014)