CHAPTER 5.18
YARD SALES

Sections:

5.18.010    Yard sales defined and permitted.

5.18.020    Limitations.

5.18.030    Permit required.

5.18.040    Advertising restrictions.

5.18.050    Exceptions – Nonprofit organizations.

5.18.060    Violations – Penalty.

5.18.070    Enforcement.

5.18.010 Yard sales defined and permitted.

Yard sales, rummage sales, attic sales and other similar terms, except flea markets, refer to the sale of used articles on the private property of one of the sellers and are prohibited, except as expressly allowed in this chapter. All other activities involving the sale of any type of personal property except for the sale of single items, shall be pursuant to a business license issued under Chapter 5.04.The limitations of Section 5.18.020 shall apply to yard sales under this chapter. (Ord 98-31 §1)

5.18.020 Limitations.

A. Yard sales shall be limited to three consecutive days in length per sale.

B. There will be a limit of two yard sales at any one location during a calendar year.

C. A yard sale shall be conducted on the premises of one of the parties conducting the yard sale.

D. No portion of any property may be rented or leased for the purpose of holding a yard sale.

E. No more than five families shall participate in any yard sale. (Ord 98-31 §1)

5.18.030 Permit required.

A. Any person desiring to hold a yard sale shall obtain a permit from the office of the Finance Officer/Clerk upon a determination the proposed yard sale complies with this chapter.

B. The permit for the yard sale shall be posted in public view at the site of the yard sale. (Ord 08-236, §1; Ord 07-209, 2007 (Ed. Note: Ord 07-209 was intended to limit itself to the establishment of fees, only; Ord 98-31 §1)

5.18.040 Advertising restrictions.

A. No person shall place any cards or placards advertising a yard sale on any property other than property owned by the person conducting the sale without the consent of the owner.

B. Such advertisements shall not be posted more than seventy-two hours prior to the yard sale and shall be removed within twelve hours after the close of the yard sale. (Ord 98-31 §1, 1998)

5.18.050 Exceptions – Nonprofit organizations.

Local nonprofit organizations whose member reside in the City are exempt from the provisions of this chapter, but must obtain a permit. There shall be no fee or charge for a permit issued under this section. (Ord 98-31 §1)

5.18.060 Violations – Penalty.

A. Every person who violates any provision of this chapter shall be deemed to have committed a civil infraction. Each day a violation exists within any calendar year shall constitute a separate violation of this chapter, subject to the imposition of civil penalties, as set out in section 1.01.118, as follows:

1. The first violation C-12 penalty; provided the violator may cure the first violation by obtaining the permit and paying the permit fee within two (2) business days after the violation;

2. Second violation: C-7 penalty; and

3. Later violations: C-5 penalty.

B. Notwithstanding the foregoing provisions of this section, the Police Chief may abate any action in violation of this chapter. (Ord 08-236 §2; Ord 98-31 §1)

5.18.070 Enforcement.

The Police Chief shall enforce the provisions of this chapter against any person found to be violating the same. (Ord 98-31 §1)