Chapter 26


5-26.01    No sales without permits.

5-26.02    Applications for permits.

5-26.03    Issuance of permits.

5-26.04    Permits to be posted.

5-26.05    Permit time limits.

5-26.06    Sign displays.

5-26.07    Time limits of sales.

5-26.08    Fees.

5-26.09    Permits nontransferable.

5-26.10    Violations.

5-26.01 No sales without permits.

No person shall sell or offer for sale any new, used, or secondhand goods or merchandise from a dwelling or residentially zoned district where the general public is invited to purchase, trade, or bargain for such goods or merchandise, commonly known as garage or yard sales, without first obtaining a permit therefor and conforming to the provisions of this Chapter.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.02 Applications for permits.

To obtain a permit to conduct a sale in such residentially zoned districts, the applicant shall file a written application therefor with the Finance Department, which application shall set forth:

(a)    The name and address of the applicant;

(b)    The location of the proposed sale;

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

(d)    A reasonable inventory of the goods and merchandise to be offered for sale, together with an affidavit or declaration by the applicant under penalty of perjury, that the persons conducting the sale are the owners of the goods or merchandise offered for sale; that all of such goods and merchandise are used or secondhand; that all of the goods and merchandise have been owned and possessed by the applicant for a period of at least ninety (90) days before the sale date; that no sale has been held on the premises during the current month period of either January to June or July to December.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.03 Issuance of permits.

Upon the receipt of a signed, properly completed application, accompanied by an affidavit or declaration of ownership of the goods and merchandise to be sold, the Administrative Services Director shall issue a permit to the applicant upon which there shall be provided as follows:

(a)    The name of the applicant and the street location of the sale;

(b)    The dates upon which the sale shall be conducted;

(c)    The serial number of the permit issued; and

(d)    The signature of the Administrative Services Director or his or her authorized agent.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.04 Permits to be posted.

It shall be unlawful for any permittee to conduct a sale as described in this Chapter, or sell or offer for sale any goods or merchandise, without having the required permit posted in a location on the premises so that the permit is prominently displayed as to be clearly visible from the nearest public street during all the time that the sale is conducted or in progress.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.05 Permit time limits.

No permit shall be issued to the same person or for the same premises within six (6) months of permit issuance within the calendar year, except that the Administrative Services Director, or his or her authorized agent, upon filing of application showing, reasonable cause therefore, may issue a permit to a person who previously obtained two (2) permits for the calendar year if the sole purpose is to hold an estate or probate sale.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.06 Sign displays.

A sign, no longer than three (3) square feet in area, may be displayed on the premises announcing the sale during the permitted period. No sign shall be displayed at any location outside or off the premises.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.07 Time limits of sales.

Two (2) permits may be issued per year; however, no permit shall be approved, and no sale shall be permitted, for more than two (2) consecutive days during the January to June or the July to December time periods.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.08 Fees.

A fee, established by resolution of the Council, shall be charged and collected by the Administrative Services Director for the issuance of each permit.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.09 Permits nontransferable.

No permit shall be transferable to another person or premise.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)

5-26.10 Violations.

Every person who, either for himself or as the agent of another, commences, engages in, conducts, or carries on any sale as described in this Chapter without procuring such permit and complying with the conditions or provisions of this Chapter shall be guilty of a misdemeanor as provided in Section 1-2.01 of Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 1149-02 C-M, eff. January 1, 2003)