Chapter 18.35
GARAGE SALES
Sections:
18.35.010 Garage sales – Definition.
18.35.020 Garage sales – Regulations.
18.35.040 Penalties for violation of chapter.
18.35.010 Garage sales – Definition.
For the purpose of this chapter, a “garage sale” shall be defined as a sale conducted by an individual homeowner, apartment dweller or occupant of a dwelling unit, for the purpose of disposing of unwanted or surplus household furnishings or other personal property usually conducted in a garage in a residential zone, and for which no inventory is kept, and no sales tax is paid on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location and may take on the nature and character of a rummage sale or fund-raising event for civic or charitable purposes. Said garage sales shall not extend beyond a period of two (2) days for any one (1) sale. The term “garage sale” shall not be limited to sales conducted in the garage, but shall encompass household sales conducted on any portion of the premises. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.35.020 Garage sales – Regulations.
Any resident or groups of residents of the City may conduct a garage sale as defined herein; provided, however, that a permit first be obtained from the Police Department. Fee for said permit shall be set by resolution of the City Council.
Prior to issuance of permit authorizing a garage sale, the applicant shall first complete an application form supplied by the City which shall require the following information:
A. The name and address of the person or persons wishing to hold said garage sale.
B. The location where said sale shall be conducted, including a general designation of the area of the premises from where the actual sale is to be carried on.
C. A general description of the property to be offered for sale.
D. The date or dates and time or times when such sale or sales shall be conducted.
E. A declaration, under penalties of perjury, that the person or persons conducting said sale are the owners of the property offered at such sale or sales; that all of said goods are secondhand; and no more than one (1) previous garage sale has been held within six (6) months.
F. That in case of a garage sale for the benefit of charitable or religious purposes, the time periods and/or the license fee may be waived by the City Administrator upon a showing of good cause.
G. That no more than two (2) garage sales may be conducted by the same person or persons within the same calendar year.
H. Each garage sale permit shall be limited to a period of two (2) days per sale.
I. All personal property must be the property of that or those person or persons conducting such sale or sales. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.35.030 Issuance of permit.
After receipt by the Police Department of application for permit, duly completed, and upon payment of the permit fee, the Police Department may issue said permit. In the event that the Police Department has reason to believe that in spite of due completion of the application for a sale permit, issuance of said permit would conflict with the intent or purpose of this chapter, then in that event, it may decline to issue said permit. In that event the applicant may refer the application to the City Manager, who shall then within ten (10) days of receipt of appeal make a decision relative to issuance of said permit. If the City Manager declines to issue said permit, then the applicant may appeal the decision within (10) days of denial by the City Manager to the City Council for decision. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.35.040 Penalties for violation of chapter.
Any person who, either for himself or as agent of another, commences, engages in, conducts, or carries on any sale as provided in this chapter, without first having complied with the requirements for issuance of a permit, and payment of the fee for issuance, shall be guilty of a misdemeanor. Upon conviction, said person or persons may be incarcerated in the County jail for a period of six (6) months, fined up to five hundred dollars ($500.00), or both fined and confined as hereinabove stated. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]