Chapter 5.24


5.24.010    Intent.

5.24.020    Definitions.

5.24.030    Property permitted to be sold.

5.24.040    Frequency and duration of sale.

5.24.050    Advertising.

5.24.060    Inspection.

5.24.070    Hours of operation.

5.24.080    Permit required.

5.24.090    Extensions and date changes.

5.24.100    Violation—Penalty.

5.24.010 Intent.

It is the intent of this chapter to protect properties and persons and the general public from nuisance activities related to the use of private property in the conduct of a garage sale. (Ord. 999 § 1, 1994)

5.24.020 Definitions.

As used in this chapter:

“Garage sale” means the sale, or offering for sale, of personal property in, at or upon any property used or occupied for residential purposes and/or any parcel occupied by any religious, social or charitable organizations. Garage sales shall include, but are not limited to, yard sale, home sale, patio sale, tag sale, rummage sale, estate sale, moving sale, block sale or other similarly conducted sale.

“Collector” shall be defined as the finance director and his or her appointed representatives. (Ord. 999 § 2, 1994)

5.24.030 Property permitted to be sold.

It is unlawful for any person to sell or offer for sale any property other than personal property accumulated by the occupant(s) residing at the address neighborhood at which the sale is to be held and for which a license is issued. (Ord. 999 § 3, 1994)

5.24.040 Frequency and duration of sale.

It is unlawful for any person to conduct, cause or permit to be conducted, at the same address, excluding apartment complexes and mobilehome parks, more than one garage sale during any quarter of one calendar year. No single garage sale shall continue for more than three consecutive days or two consecutive weekends of two days each. (Ord. 999 § 4, 1994)

5.24.050 Advertising.

It is unlawful to place a sign or other form of advertisement of a proposed garage sale upon any public or private property within the city, except upon the premises where such sale is conducted or neighboring properties with written permission of the property owner. It is unlawful to exhibit a sign or other forms of advertisement, excluding newspaper advertisements, for more than two days prior to the day of such sale is to commence, or to allow such to remain after eight p.m. on the termination day of each sale. Two signs only, not exceeding six square feet in size may be placed in the front or side yard of the premises where the sale is conducted. Signs may be placed on neighboring properties only with the written permission of the property owner. No flags, banners or other attention getting devices shall be displayed.

No sign may be posted, erected or maintained on the public right-of-way, including but not limited to, poles, trees, parkways or utility boxes. Any such sign posted, erected or maintained on the public right-of-way may be immediately and without notice removed by the fire chief, assistant fire marshal or code enforcement officer and may thereafter bill the responsible party for the reasonable costs of such removal. (Ord. 999 § 5, 1994)

5.24.060 Inspection.

All personal property offered for sale shall be arranged so that fire and life safety, police and other officials may have access for inspection at all times during the sale.

It is unlawful to offer for sale, firearms, pornographic material or other like items. Property offered for sale shall not be displayed or stored in adjoining public streets, alleys, sidewalks or public right-of-way. All property shall be removed from the front, side or rear yard and out of public view from any street, sidewalk, alley or public right-of-way before the close of the last day on which the sale is to be lawfully conducted. (Ord. 999 § 6, 1994)

5.24.070 Hours of operation.

Garage sales shall only be conducted between the hours of seven a.m. and eight p.m. of any day. (Ord. 999 § 7, 1994)

5.24.080 Permit required.

It is unlawful to conduct a garage sale unless a license to hold such a sale has been first obtained from the collector and the necessary license fee paid.

A list of all items with serial numbers must be submitted prior to being issued a permit.

License for an anticipated garage sale shall be obtained at least forty-eight (48) hours prior to the start of the sale. Applicants must apply in person and sign the required application. Cost of a license is five dollars ($5.00) for each sale or such other sum as the city council shall establish from time to time by resolution. (Ord. 1018 § 1, 1995: Ord. 999 § 8, 1994)

5.24.090 Extensions and date changes.

Extensions and date changes shall be authorized by the collector and his or her representatives to include, but not limited to, fire chief, assistant fire marshal and code enforcement officer. (Ord. 999 § 9, 1994)

5.24.100 Violation—Penalty.

It is unlawful for any person, firm, association or corporation to violate any provision of this chapter. Any person, firm, association or corporation violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person, firm, association or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

Any person, firm, association or corporation so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation within two years of a previous conviction.

The third and any additional violations within three years of any previous convictions shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Payment of any penalty herein shall not relieve any person, firm, association or corporation from the responsibility for correcting the violation. (Ord. 999 § 10, 1994)