Chapter 5.16
GARAGE SALES

Sections:

5.16.010    Definitions.

5.16.020    Permit—Required.

5.16.030    Permit—Application.

5.16.040    Permit—Fee.

5.16.050    Permit—Issuance—Contents.

5.16.060    Permit—Issuance—Limitations.

5.16.070    Permit—Revocation.

5.16.080    Request for review of denial or revocation.

5.16.090    Exceptions.

5.16.010 Definitions.

For the purposes of this chapter, “garage sale” means a sale conducted by one or more residents of the town at a home for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of used household furnishings or goods, or other tangible personalty, usually conducted in a garage, on a patio, upon a driveway, or in any portion of premises in a residential zone. The term shall include sales designated “lawn sale,” “attic sale,” “rummage sale,” “moving sale,” “flea market sale,” “patio sale,” or other terms of similar intent and having the foregoing characteristics. Fundraising events for civic or charitable purposes are not regulated under the provisions of this chapter. (Ord. 310 Ch. 6(o) § 1, 1972)

5.16.020 Permit—Required.

Any person proposing to promote, advertise or conduct a garage sale shall, prior thereto, obtain a garage sale permit from the chief of police. (Ord. 310 Ch. 6(o) § 2, 1972)

5.16.030 Permit—Application.

Any person desiring the permit required by Section 5.16.020 shall make verified application therefor in a form satisfactory to the chief of police. The application shall contain the following:

A. The name of the applicant or applicants;

B. The address of the applicant or applicants;

C. The location of the proposed garage sale;

D. The date or dates upon which it is proposed to conduct the garage sale;

E. A general description of the property proposed to be offered for sale and a declaration that such property has not been purchased nor taken on consignment from any other person for the purpose of the sale;

F. A statement that no garage sale permit has been issued to the applicant within the twelve-month period immediately preceding the date of the proposed garage sale for which application is being made;

G. A statement that no garage sale permit has been issued permitting a garage sale to be conducted at the location of the proposed garage sale for which application is being made within the twelve-month period immediately preceding the date of the proposed garage sale. (Ord. 310 Ch. 6(o) § 3 (part), 1972)

5.16.040 Permit—Fee.

The application for a garage sale permit shall be accompanied by a twenty-five-dollar fee. (Ord. 310 Ch. 6(o) § 3 (part), 1972)

5.16.050 Permit—Issuance—Contents.

Upon receipt of the application properly filled out, and fee, the chief of police shall issue the applicant a garage sale permit, provided that no garage sale permit has been issued (1) to the applicant for a garage sale at any location in the town within the twelve-month-period immediately preceding the date or dates of the proposed garage sale, nor (2) to any person for a garage sale at the location of the proposed garage sale within the twelve-month period. The permit shall specify the following:

A. The name of the permittee or permittees;

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 the sale is to be conducted;

E. The requirement that one sign, only, may be used to advertise the sale, which sign shall be displayed only at the location of the sale, and only during the date or dates and hours of the sale; and the further requirement that the sign shall not exceed eighteen inches by twenty-six inches;

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 any term or condition 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;

I. Such other reasonable conditions relating to the promotion, advertising and conducting of the garage sale which, in the opinion of the chief of police, 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. 310 Ch. 6(o) § 4, 1972)

5.16.060 Permit—Issuance—Limitations.

Not more than one garage sale permit shall be issued to any person during any twelve-month period, nor shall a garage sale permit be issued for the promotion, advertising or conducting of a garage sale at the same location more than once in any twelve-month period. No garage sale permit shall be issued permitting the promotion, advertising or conducting of a garage sale for more than two consecutive days. Garage sales may only be conducted during daylight hours. No garage sale permit shall be used for the sale of property purchased or taken on consignment from any other person for the purpose of the sale. (Ord. 310 Ch. 6(o) § 5, 1972)

5.16.070 Permit—Revocation.

The chief of police shall have the power 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 any permittee has committed any of the following:

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

B. Been guilty of any fraudulent practice or practices in the promotion, advertising or conduct of the sale authorized by such permit;

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. 310 Ch. 6(o) § 6, 1972)

5.16.080 Request for review of denial or revocation.

Any person denied a permit, or aggrieved by the conditions attached thereto, or having had a permit revoked, may appeal the decision of the chief of police to the city council by filing with the city clerk within five days after notice of the denial or conditions, or 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 chief of police. (Ord. 310 Ch. 6(o) § 7, 1972)

5.16.090 Exceptions.

This chapter shall not apply to the following persons:

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 person promoting, advertising or selling an item or items of personal property which is or are specifically named or described in any advertisement therefor and which separate items do not exceed ten in number;

D. Persons conducting a fundraising event for civic or charitable purposes. (Ord. 310 Ch. 6(o) § 9, 1972)