Chapter 5.20
GARAGE SALES
Sections:
5.20.040 Restrictions on issuance.
5.20.050 Application to Planning Commission.
5.20.010 Definition.
(1) As used in this chapter, “garage sale” shall mean the public sale or offering for sale of new or used goods within the City of Monmouth by any individual or group of individuals from any private or public property, including but not limited to garages, porches, carports and yards, when:
(a) Said individual or group of individuals is not in the business of selling such goods; or
(b) When the property from which such sale is conducted is not regularly used for business purposes or is not in a zone permitting commercial use.
(2) The offering for sale of one item by public display with a sign indicating the item is for sale or the price thereof attached to or upon such item, and the sale of more than one individual item not offered by public display and where no signs are posted concerning a sale or place of sale, are transactions exempt from the provisions of this chapter. (Ord. 702, § 1. Code 1983 § 61.110.)
5.20.020 Permit required.
No individual or group of individuals shall hold a garage sale without first obtaining a permit as provided herein. (Ord. 702, § 2. Code 1983 § 61.120.)
5.20.030 Application.
Any individual or group of individuals desiring to conduct a sale regulated by this chapter shall make written application to the City of Monmouth. Such application shall set forth the true name and address of the owner of the goods to be the object of the sale; the true name and address of the person conducting the sale; a description of the place from which such sale is to be held; the dates and hours of the day during which the sale is to be conducted; whether the person will be selling any upholstered furniture or bedding; whether the owner of such goods is to pay any commission for such sale; whether the owner or lessee in possession of the premises from which such sale is to be conducted is to receive any compensation for the use thereof; whether the individual or group of individuals conducting such sale have conducted a like sale previously during the calendar year in which the sale is to be held; and whether other garage sales have been held upon the premises upon which the sale is to be held during the calendar year in which the proposed sale shall be held. (Ord. 702, § 3. Code 1983 § 61.130.)
5.20.040 Restrictions on issuance.
The Recorder shall issue a permit for such sale if he finds that:
(1) The application is properly completed; and
(2) That no commission is paid by the individual or individuals owning the goods sold at such sale and that no compensation is received by the owner or lessee of the premises from which the sale is to be conducted for such use of the premises; and
(3) That the individual or group of individuals conducting the sale have not conducted two garage sales previously during the 12 months immediately preceding the date of the application for the garage sale; and
(4) That two garage sales have not been held upon the premises upon which the garage sale is to be held in the 12 months immediately preceding the date of the application for the garage sale. (Ord. 702, § 4; amended by Ord. 1178, §§ 1 and 2, Oct. 1, 2002. Code 1983 § 61.135.)
5.20.050 Application to Planning Commission.
No permit shall be issued for any sale not meeting the requirements set forth in MCC 5.20.040 unless application be made to the Planning Commission by the owner or occupier of the premises in the manner and in the form of application for a conditional use of property as provided by the Zoning Ordinance of this City, as the same shall then provide, and approval is granted by the Planning Commission after notice and hearing as provided for conditional uses generally. (Ord. 702, § 5. Code 1983 § 61.140.)
5.20.060 Duration of permit.
The permit as issued by the Recorder shall be valid for a period not to exceed three consecutive days, and shall permit activity of such sale only between the hours of 9:00 a.m. and 9:00 p.m. A permit issued by the Planning Commission may be for greater periods of time and for varied hours. (Ord. 702, § 6. Code 1983 § 61.150.)
5.20.070 Permit fee.
The fee for a garage sale permit shall be set by resolution of the City Council. (Ord. 702, § 7; amended by Ord. 1178, § 3, Oct. 1, 2002. Code 1983 § 61.160.)
5.20.080 Display of permit.
No garage sale shall be held without a permit issued under this chapter being prominently displayed so that it can be readily seen from the street. (Ord. 702, § 8. Code 1983 § 61.170.)
5.20.090 Signs.
There shall be allowed only one sign to be posted upon the premises from which the garage sale is to be held under the provisions of this chapter and no other signs shall be posted on the premises or at any other public or private place advertising said sale. (Ord. 702, § 9. Code 1983 § 61.180.)
5.20.100 Penalty.
Violation of this chapter shall be punished by fine of not less than $10.00 nor more than $100.00. Each day that a garage sale is held in violation of this chapter shall constitute a separate offense. (Ord. 702, § 10. Code 1983 § 61.195.)