Chapter 11.10


11.10.010    Permit – Required.

11.10.020    Display restrictions.

11.10.030    Permit – Application required – Contents.

11.10.040    Permit limitation – New occupant exception – Permits nontransferable.

11.10.050    Duration and hours of sale restricted.

11.10.060    Sign restrictions.

11.10.070    Enforcement.

11.10.080    Exemptions from permit requirement.

11.10.010 Permit – Required.

Any person who shall offer for sale miscellaneous items of personal property on residential property for sale to the general public by means of a garage sale, patio, backyard or similarly called sale shall first obtain a permit as required in this chapter. [Ord. 899 N.S. § 2, 1976].

11.10.020 Display restrictions.

Personal property offered for sale shall not be displayed within five feet of the public right-of-way of any residentially zoned premises; provided, however, that a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yards. [Ord. 899 N.S. § 2, 1976].

11.10.030 Permit – Application required – Contents.

Before any such garage sale, patio, backyard or similarly called sale shall be conducted, the person conducting such sale shall file a written application for a permit with the city, which shall set forth:

(a) The name and address of the applicant and the names and addresses of any persons owning an interest in the property to be sold, if different from the applicant, and an indication of the property owned by others other than the applicant;

(b) The location of the proposed sale;

(c) The date or dates during which the proposed sale is to be conducted;

(d) An affidavit or declaration under penalty of perjury that the person or persons conducting the sale is or are the owners of the property offered for sale, that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale and that no previous sale has been conducted by the applicant or on the premises within the calendar quarter in which the sale is to be conducted. As used herein, “calendar quarter” means one of the following four three-month periods in any given calendar year: January through March, April through June, July through September, and October through December. [Ord. 12-016 § 2, 2012; Ord. 03-21 § 1, 2003; Ord. 1829 N.S. § 1, 1992; Ord. 899 N.S. § 2, 1976].

11.10.040 Permit limitation – New occupant exception – Permits nontransferable.

(a) Except as otherwise provided in this section, no more than one permit shall be issued to the same person or premises during a calendar quarter.

(b) A second permit may be issued within a calendar quarter for a premises upon certification that the applicant or applicants have taken occupancy of such premises within the calendar quarter in which the permit is requested.

(c) No permit shall be transferable to another person or premises. [Ord. 12-016 § 2, 2012; Ord. 1604 N.S., 1987; Ord. 899 N.S. § 2, 1976].

11.10.050 Duration and hours of sale restricted.

No permit shall be approved and no sale shall be permitted for more than three consecutive days or two consecutive weekends of two days each. The sale shall not be conducted before 8:00 a.m. or after 6:00 p.m. on the permitted days. [Ord. 899 N.S. § 2, 1976].

11.10.060 Sign restrictions.

No sign advertising any sale for which a permit is required under this chapter shall exceed four square feet in area. No such sign shall be displayed at any location off the premises nor at times other than the permitted times of the sale. [Ord. 899 N.S. § 2, 1976].

11.10.070 Enforcement.

Every person who, either for himself or as the agent of another, commences, engages in, conducts or carries on any sale as provided in this chapter without procuring the permit required by this chapter or who fails to comply with the conditions and provisions of this chapter is guilty of an infraction, and may be prosecuted pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 32, 2008; Ord. 899 N.S. § 2, 1976].

11.10.080 Exemptions from permit requirement.

No permit shall be required hereunder for a nonprofit club or organization which holds a sale on church premises or premises known to be those of such club or organization, or in a city building or other governmental building after first having obtained the consent of the possessors of the premises in each case. [Ord. 899 N.S. § 2, 1976].