CHAPTER 116: GARAGE SALES

Section

 

116.01 Findings and intent 116.02 Definitions 116.03 Property permitted to be sold 116.04 Permit required; written statement and fee 116.05 Permit conditions 116.06 Investigation 116.07 Revocation and refusal 116.08 Special exceptions to issuance 116.09 Hours of operation 116.10 Signs 116.11 Parking regulations 116.12 Certain persons and sales exempted from chapter 116.13 Authority of inspecting officials

 

116.01 FINDINGS AND INTENT.

 

The City Council finds:

 

(A) Non-regulated garage sales are causing annoyance to citizens and congestion in the streets;

(B) It is necessary to prohibit the infringement by such non-regulated sales in established residential areas by regulating the term and frequency of garage sales, so as not to disturb or disrupt the residential environment of such area and to prevent the interference with the orderly operation of businesses licensed to do business within the city;

(C) No control is sought of sales by individuals selling their household or personal items; and

(D) An ordinance should be enacted not to prevent but to regulate garage sales for the safety and welfare of the city’s citizens.

 

(’90 Code, § 12.2-1) (Ord. passed 3-8-82)

 

116.02 DEFINITIONS.

 

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

 

GARAGE SALE. Includes all general sales, open to the public, conducted from or on a residential premise in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled “garage,” “yard,” “attic,” “porch,” “room,” “backyard,” “patio,” “flea market” or “rummage” sale.

PERSONAL PROPERTY. Property which is owned, utilized and maintained by an individual or members of his residence 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.

(’90 Code, § 12.2-2) (Ord. passed 3-8-82)

 

116.03 PROPERTY PERMITTED TO BE SOLD.

 

It shall be unlawful for any individual to sell or offer for sale, under authority granted by this chapter, property other than personal property or handmade items.

 

(’90 Code, § 12.2-3) (Ord. passed 3-8-82) Penalty, see § 10.99

 

116.04 PERMIT REQUIRED; WRITTEN STATEMENT AND FEE.

 

(A) No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the City Clerk and Treasurer. (’90 Code, § 12.2-4)

(B) Prior to issuance of any sale permit, the individuals conducting such sale shall file a written statement with the City Clerk and Treasurer setting forth the following information:

(1) The full name and address of the applicant;

(2) The location at which the proposed garage sale is to be held;

(3) The date or dates upon which the sale will be held;

(4) The date or dates of any other garage sales within the current calendar year; and

(5) An affirmative statement that the property to be sold is owned by the applicant as his own personal property and was neither acquired nor consigned for the purposes of resale.

 

(’90 Code, § 12.2-5)

(C) There shall be an administrative fee of $3 for issuance of a permit. (’90 Code, § 12.2-6)

(Ord. passed 3-8-82; Am. Ord. passed 10-14-85) Penalty, see § 10.99

 

116.05 PERMIT CONDITIONS.

 

The permit shall set forth and restrict the time and location of such garage sale. No more than four such permits may be issued to one residence and/or family household during any calendar year. Such permit shall be produced for inspection upon request by any police officer.

(’90 Code, § 12.2-7) (Ord. passed 3-8-82; Am. Ord. passed 10-14-85)

 

116.06 INVESTIGATION.

 

Before issuing a permit, the City Clerk and Treasurer may conduct an investigation as may reasonably be necessary to determine if there is compliance with this chapter.

(’90 Code, § 12.2-8) (Ord. passed 3-8-82)

 

116.07 REVOCATION AND REFUSAL.

(A) False information. Any permit issued under this chapter may be revoked or any application for issuance of a permit may be refused by the City Clerk and Treasurer if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.

(B) Conviction of violation. If any individual is convicted of violating any provision of this chapter, the City Clerk and Treasurer shall not issue such individual another garage sale permit for a period of two years from the date of such conviction.

(’90 Code, § 12.2-9) (Ord. passed 3-8-82)

 

116.08 SPECIAL EXCEPTIONS TO ISSUANCE.

(A) Sale not held because of inclement weather. If a garage sale is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted within three days after the date of the sale, the City Clerk and Treasurer may issue another permit to the applicant for a garage sale to be conducted at the same location. No additional permit fee is required.

(B) Four sales permitted, with one sale per quarter; exception. Four sales shall be permitted in a calendar year, with only one per quarter being allowed. A fifth garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the City Clerk and Treasurer.

(’90 Code, § 12.2-10) (Ord. passed 3-8-82; Am. Ord. passed 10-14-85)

 

116.09 HOURS OF OPERATION.

Garage sales shall be limited in time to no more than the daylight hours of two consecutive days, excluding Sundays.

(’90 Code, § 12.2-11) (Ord. passed 3-8-82) Penalty, see § 10.99

§ 116.10 SIGNS.

(A) Three signs permitted. Three signs of not more than four square feet each shall be permitted, with one being displayed on the property and one at each end of the street of the residence where the garage sale is being conducted. Each such sign must be affixed on its own post, placed on the street right-of-way, and must be signed by the resident.

(B) Removal of signs. Signs must be removed at the close of the garage sale.

(’90 Code, § 12.2-12) (Ord. passed 3-8-82; Am. Ord. passed 10-14-85) Penalty, see § 10.99

 

116.11 PARKING REGULATIONS.

All parking of vehicles shall be conducted in compliance with all applicable statutes and ordinances. Further, the Police Department may employ such temporary measures to alleviate any special hazards and/or congestion created by any garage sale.

(’90 Code, § 12.2-14) (Ord. passed 3-8-82) Penalty, see § 10.99

 

116.12 CERTAIN PERSONS AND SALES EXEMPTED FROM CHAPTER.

The provisions of this chapter shall not apply to or affect the following:

(A) Persons selling goods pursuant to an order or process of a court of competent jurisdiction;

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

(C) Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the city or under the protection of the nonconforming use section thereof, or any other sale conducted by the manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances, with the signs not put up more than 48 hours prior to the sale; or

(D) Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for the institution’s or organization’s charitable purposes and the goods or articles are not sold on a consignment basis.

(’90 Code, § 12.2-15) (Ord. passed 3-8-82)

 

116.13 AUTHORITY OF INSPECTING OFFICIALS.

A police officer or any other official designated by any city ordinance to make inspections under the licensing or regulating ordinance or to enforce the same shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest any individual who violates the provisions of this chapter.

(’90 Code, § 12.2-13) (Ord. passed 3-8-82)