Chapter 5.11
GARAGE SALES
Sections:
5.11.060 Suspension or revocation of license.
5.11.080 Continuous garage sale—Nuisance declared.
5.11.100 Violation—Responsibility.
5.11.010 License required.
It is unlawful for any person to sell or hold any garage sale, yard sale, rummage sale, patio sale or any other sale similarly conducted on any property used or occupied for residential purposes without first obtaining a license from the city. (Ord. 724 (part), 2012).
5.11.020 Definitions.
As used in this chapter, “garage sale” (including yard sale, patio sale, rummage sale) means sales of used personal property owned by the resident(s) of a residential property not including property purchased for resale or the goods and wares of a merchant of any description. “Continuous garage sale” means a garage sale, as defined in this chapter, held more than four times in any calendar year on the same residential property or a property that has received more than four written violations of any provision in this chapter issued by the city. (Ord. 724 (part), 2012).
5.11.030 Fees.
Applicants for licenses under this chapter shall pay license fees as required by Chapter 5.04. (Ord. 724 (part), 2012).
5.11.040 Requirements.
No person shall hold a garage sale unless the following requirements are met:
A. A total of three garage sales is permitted per year on each property. A garage sale may occur on any day of the week provided that the maximum duration of a garage sale does not exceed two consecutive days. Garage sales may not be held between the hours of four p.m. and seven a.m.
B. Items for sale shall not be displayed or stored within the public right-of-way including, but not limited to, the sidewalk, parkway, alley, or street. Before the prohibited garage sale daily hours (see subsection A of this section) and upon conclusion of the garage sale, all items shall be removed from any yard visible from the public street.
C. Any sign used in connection with advertising a garage sale shall comply with the following standards:
1. With property owner permission, signs may be posted on property other than the site of the garage sale.
2. No sign advertising a garage sale shall be in the public right-of-way or on public property, including but not limited to electrical poles and traffic signals.
3. Signs shall be removed within twenty-four hours after the conclusion of the sale.
4. If the city or its authorized agent is required to remove garage sale signs which are not in compliance with subsection (C)(2) or (3) of this section, then any person responsible for posting the sign shall be assessed the costs of the cleanup and removal. (Ord. 724 (part), 2012).
5.11.050 License display.
The license issued for a garage sale shall be visibly displayed at all times while the garage sale is taking place. (Ord. 724 (part), 2012).
5.11.060 Suspension or revocation of license.
A. Any license issued under this chapter may be suspended or revoked for any of the following reasons:
1. Fraud or misrepresentation of the application for the license;
2. Fraud or misrepresentation of the course of conducting the garage sale;
3. Conducting the business of a garage sale contrary to the conditions of the license;
4. Conducting the business of a garage sale in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.
B. On suspension or revocation, the city shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder’s place of business or mailed to the license holder’s last known address. (Ord. 724 (part), 2012).
5.11.070 Appeals.
Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing a written notice of appeal with the city council. The appeal must be filed within ten work days after receipt of the notice of denial, or suspension or revocation. The city council shall hear and determine the final appeal and the decision of the council shall be final. (Ord. 724 (part), 2012).
5.11.080 Continuous garage sale—Nuisance declared.
The practice of holding a continuous garage sale, as defined in this chapter, is prohibited and declared to be a nuisance and punishable as such as a misdemeanor. (Ord. 724 (part), 2012).
5.11.090 Violation—Penalty.
Any person who violates any provisions of this chapter shall be fined a sum not exceeding one hundred dollars for the first violation, two hundred dollars for the second violation, five hundred dollars for the third violation and one thousand dollars for each subsequent violation thereafter, or confined in the county jail for a term not exceeding ninety days or by both such fine and imprisonment. (Ord. 724 (part), 2012).
5.11.100 Violation—Responsibility.
The owner of the property on which the garage sale takes place shall be responsible for the violation of any provision of this chapter by their agents, employees, tenants, or family members. (Ord. 724 (part), 2012).