Chapter 5.32
GARAGE AND RUMMAGE SALES
Sections:
5.32.030 Rummage sale – Occasional – Permitted – Defined.
5.32.040 Rummage sale – Permit required.
5.32.050 Rummage sale – Duration restriction – Permit application – Contents.
5.32.060 Rummage sale – Compliance with health regulations required.
5.32.080 Garage sale – Rain substitutions.
5.32.010 Garage sales.
A. Garage sales may be held in any residentially zoned district a total of five times a year on dates specified below for no more than two consecutive days for each garage sale. Garage sales may be held during the third weekend (Saturday and/or Sunday) of April, June, August, October, and December of each calendar year and at no other time. During these specified dates, no permits are necessary to conduct such sales upon residentially zoned private property. Such sales may be conducted between the hours of 8:00 a.m. and 5:00 p.m.
B. No person shall sell or offer for sale personal property in any residential zone at garage sales permitted by this chapter except personal property owned, utilized, and maintained by such person or members of his/her family on or in connection with the premises which they occupy. None of the items, either new or used, offered for sale shall have been acquired by or consigned to such person solely for the purposes of the sale. The resident shall not bring or allow new or successive items onto the property to replenish the stock of goods, wares, or merchandise offered for sale. No live animals, food, tobacco products, alcoholic beverages, weapons, controlled substances, or other illegal items or items requiring permit for sale shall be sold or offered for sale.
C. All sale-related activities shall be conducted within garages, carports, front yards, driveways, side yards, back yards, patios, and walkways located on the parcel of property on which the sale is held. No goods, wares, or merchandise shall be displayed or placed on the parkway, public sidewalk, or other public right-of-way.
D. Penalty. Any person, including an occupant of a premises or an owner thereof, who violates any of the provisions of this section, shall be deemed guilty of an infraction, except as provided for in subsection (D)(4) of this section, which shall be punishable as follows:
1. For a first offense, a fine of $20.00; and
2. For a second offense within a period of 12 consecutive calendar months, a fine of $50.00; and
3. For each additional violation during the same 12-month period, a fine of $100.00 for each such additional violation; and
4. At the discretion of the city prosecutor, any person who violates this section more than five times may be charged and convicted of a misdemeanor and be punished by a fine not to exceed $500.00, or imprisonment for a term not to exceed six months or both.
This provision does not preclude other methods of enforcement, including, but not limited to, seeking injunctive relief or instituting nuisance abatement proceedings. (Ord. 697 § 1, 1998; Ord. 663 § 1, 1996; Ord. 609 § 1, 1993; Ord. 430 § 1, 1981; Ord. 395 § 1, 1979; Ord. 279 § 1, 1971; prior code § 4508).
5.32.020 Rummage sales.
As used in this chapter, the term “rummage sale” means any charitable, religious, fraternal, benevolent, civic, or other nonprofit organization, or any individual purporting to act on behalf of such an organization, which gathers, collects, sells, or offers for sale to the public any secondhand property or junk, including reclaimed or salvaged goods, for the purpose of devoting the proceeds to charitable, religious, fraternal, benevolent, civic, or other nonprofit uses. (Ord. 697 § 1, 1998; Ord. 663 § 1, 1996; prior code § 6513.2(a)).
5.32.030 Rummage sale – Occasional – Permitted – Defined.
Only occasional rummage sales by permitted organizations shall be allowed within the city. “Occasional,” as used in this section, means not more often than five times in any one calendar year. No person, or organization with which that person is associated, shall be permitted to conduct, nor shall they conduct, any rummage sale more often than as provided in this section. (Ord. 697 § 1, 1998; Ord. 663 § 1, 1996; prior code § 6513.2(b)).
5.32.040 Rummage sale – Permit required.
No person shall conduct or advertise a rummage sale open to the public without first obtaining a no-fee permit. Issuance of permits, as provided in this chapter, shall be by the business license clerk of the city. (Ord. 697 § 1, 1998; Ord. 663 § 1, 1996; Ord. 465 § 32, 1983; prior code § 6513.2(c)).
5.32.050 Rummage sale – Duration restriction – Permit application – Contents.
No rummage sale shall be conducted for a period in excess of the two consecutive days. At least six days before commencing a rummage sale, the organization or association conducting it shall obtain from the business license clerk the permit to do so. The permit shall be issued upon the applicant’s furnishing the following information:
A. The name, address, and telephone number of the organization or association, and satisfactory evidence that the organization is one permitted to conduct a rummage sale;
B. The names and addresses of the principal officers;
C. The location of the premises where the rummage sale will be conducted;
D. The date of commencement of the sale, and the proposed duration, not to exceed two days;
E. The name, address, and telephone number of the person making application on behalf of the organization or association. (Ord. 697 § 1, 1998; Ord. 663 § 1, 1996; Ord. 465 § 33, 1983; prior code § 6513.2(d)).
5.32.060 Rummage sale – Compliance with health regulations required.
No goods, furnishings, or materials sold, offered for sale, bartered, or exchanged in any rummage sale shall be sold or exchanged unless all city, county, and state health regulations which apply to the goods, and or the place where the rummage sale is being conducted, have been complied with. (Ord. 697 § 1, 1998; Ord. 663 § 1, 1996; prior code § 6513.2(e)).
5.32.070 Penalty.
Any person, including an occupant of a premises or an owner thereof, who violates any of the provisions of BGMC 5.32.010 through 5.32.060, shall be deemed guilty of an infraction, except as provided for in subsection (D) of this section, which shall be punishable as follows:
A. For a first offense, a fine of $20.00; and
B. For a second offense within a period of 12 consecutive calendar months, a fine of $50.00; and
C. For each additional violation during the same 12-month period, a fine of $100.00 for each such additional violation; and
D. At the discretion of the city prosecutor, any person who violates BGMC 5.32.010 more than five times may be charged and convicted of a misdemeanor and be punished by a fine not to exceed $500.00, or imprisonment for a term not to exceed six months or both.
This provision does not preclude other methods of enforcement, including, but not limited to, seeking injunctive relief or instituting nuisance abatement proceedings. Each separate day that a sale is conducted contrary to the provisions of the ordinance codified in this section constitutes a separate violation under this chapter. (Ord. 697 § 1, 1998; Ord. 663 § 1, 1996; prior code Article VI Chapter 2 Part 4).
5.32.080 Garage sale – Rain substitutions.
In the event the assigned garage sale days are rained out, the following weekend not subject to rain shall be substituted a garage sale day. The director of community development shall be the sole judge of whether a weekend has been “rained out” regardless of any opinions to the contrary. (Ord. 697 § 1, 1998).