Chapter 5.25
GARAGE SALES
Sections:
5.25.030 Registration required.
5.25.070 Enforcement, violation and penalty.
5.25.010 Definitions.
(1) “Commercial lot” means one or more contiguous lots, under single ownership or control, used for the carrying on of a business or trade whether wholesale or retail.
(2) “Dwelling” means a building or portion thereof used exclusively for residential occupancy, including single-family, two-family and multifamily dwellings.
(3) “Garage sale” (hereinafter referred to as “sale” or “sales”) means and includes all general sales, open to the public, for the purpose of disposing of personal property including, but not limited to, all sales entitled “garage,” “lawn,” “yard,” “attic,” “porch,” “room,” “backyard,” “patio,” “flea market,” “moving,” “estate” or “rummage” sale. This definition shall not include the sale of five or less items that are held for sale and all advertisement of such sale specifically names those items to be sold.
(4) “Landowner” means a person who owns real property within the corporate limits of the city of Westport.
(5) “Resident” means a person who resides on real property within the corporate limits of the city of Westport.
(6) “Residential lot” means one or more contiguous lots, under single ownership or control, on which a dwelling is located.
(7) “Undeveloped lot” means one or more contiguous lots, under single ownership, on which there is no dwelling.
(8) “Joint sale” means a sale located on a single lot but operated jointly by two or more landowners or residents who provide personal property for sale. (Ord. 1517 § 1, 2012)
5.25.020 Resale property.
The resale of property obtained from other sales or from commercial businesses for the purpose of making a profit is not considered a garage sale and is therefore subject to the applicable provisions of this title pertaining to business licenses and regulations. (Ord. 1517 § 1, 2012)
5.25.030 Registration required.
No person shall conduct a garage sale as defined in WMC 5.25.010 without first registering such sale with the city. Registration shall be made to the office of the clerk-treasurer, and may be made in person, by phone, or online via the city of Westport website, at least three business days prior to the date of the sale. Each registration shall include the name and mailing address of the registrant, the address of the location of the proposed sale, a general description of the type of items to be sold, and the date or dates of such sale. Sales conducted in conjunction with special events or community-wide sales approved by the city council shall not be subject to the provisions of this section; provided, that such sales are registered with the event coordinator. (Ord. 1517 § 1, 2012)
5.25.040 Restrictions.
The following shall apply to garage sales (hereinafter referred to as “sale” or “sales”) in all areas:
(1) Sales shall be conducted by and are intended for landowners and residents of the city of Westport only;
(2) No more than three sales shall be conducted at any one location during a calendar year;
(3) The length of time for each sale shall not exceed three consecutive calendar days;
(4) Sales shall not be conducted consecutively and there shall be at least four consecutive calendar days of separation between sales;
(5) Goods and merchandise displayed in any sale may not be displayed in the public right-of-way;
(6) All goods and merchandise offered for sale shall be arranged so that fire, police, health or other officials shall have access to the premises at all times during the sale;
(7) No goods or merchandise shall be offered for sale which does not consist of goods and merchandise owned and used by the landowner or resident conducting the sale;
(8) All goods and merchandise shall be removed from display within 24 hours of the end of the sale;
(9) Sales in excess of three per year or sales in excess of three consecutive calendar days are not considered garage sales and are subject to the applicable provisions of this title pertaining to business licenses and regulations;
(10) Sales on residential lots in any zone shall be allowed subject to compliance with the conditions included in this chapter;
(11) Sales on commercial lots in any zone are prohibited except that sales conducted at commercial storage facilities with a valid business license shall be allowed subject to compliance with the conditions included in this chapter;
(12) Sales on undeveloped lots in any zone shall be allowed for landowners only subject to compliance with the conditions included in this chapter;
(13) Sales conducted at businesses with attached dwellings shall be allowed subject to compliance with the conditions included in this chapter. Such sales shall not be conducted within the business portion of the building or premises;
(14) Sales by nonprofit organizations such as churches, clubs, senior centers and like organizations in any zone shall be allowed on residential, commercial or undeveloped lots;
(15) Joint sales shall be allowed subject to the following conditions. All participants in a joint sale shall be identified in the registration required by WMC 5.25.030. A joint sale shall be counted against the total annual sales allowed under subsection (2) of this section. A joint sale shall be considered one sale for compliance with the signage requirements in WMC 5.25.050. (Ord. 1517 § 1, 2012)
5.25.050 Signage.
The following shall apply to garage sale signs in all areas:
(1) Signs may be posted one day before the date of the sale;
(2) Signs shall be removed within 24 hours of the end of the sale;
(3) Each sale is allowed four off-premises signs. Such signs shall contain no more than two sides and each side shall not exceed four square feet in area;
(4) Each sale is allowed two on-premises signs. Such signs shall contain no more than two sides and each side shall not exceed nine square feet in area;
(5) Signs shall not be affixed to, placed in front of, or in any way be supported by government signs including, but not limited to, stop signs, utility poles or any other city, government or public property;
(6) Off-premises signs may be placed within the public right-of-way but may not obstruct vehicular or pedestrian movement or visibility, or pose a safety hazard. Signs may not be placed on public sidewalks. Off-premises signs shall not include any balloons, streamers or similar attachments;
(7) Off-premises signs shall display the address and date(s) of the sale;
(8) The city shall not be liable for any injury to any persons or any damage to any property related to garage sale signs. Sign owners shall indemnify, defend, hold and save the city harmless from all claims in connection with any such items of actual or alleged injury or damage. (Ord. 1517 § 1, 2012)
5.25.060 Removal of signs.
Signs found to be in violation of WMC 5.25.050 are subject to immediate removal by the code enforcement official or any other city employee so designated. (Ord. 1517 § 1, 2012)
5.25.070 Enforcement, violation and penalty.
This chapter may be enforced by any authorized representative of the city including, but not limited to, the chief of police, building inspector, code enforcement official, city administrator, or designee. Any person or organization who shall violate any of the terms and regulations of this chapter shall be subject to a warning to immediately comply with the provisions of this chapter. Any person failing to comply with such warning shall be guilty of a misdemeanor and shall be subject to a fine of not less than $25.00 but not more than $100.00. Each day of violation of any provision of this chapter shall be considered a separate offense and such offender may be penalized separately therefor.
Nothing in this chapter shall be construed to allow any “grandfather” or “pre-existing” sales to continue in nonconformance with the requirements of this chapter. (Ord. 1517 § 1, 2012)
5.25.080 Severability.
If any term or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. (Ord. 1517 § 1, 2012)