Chapter 5.44


5.44.010    Definitions.

5.44.020    Allowed when – Hours.

5.44.030    Advertising.

5.44.040    Fire hazard.

5.44.050    Enforcement.

5.44.060    Pre-existing sales.

5.44.070    Permits.

5.44.080    Violation – Penalty.

5.44.010 Definitions.

For the purposes of this chapter:

A. “Nonprofit organization” includes, but is not limited to, fraternal organizations, hobby societies, education societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups and parent-teacher organizations.

B. “Person,” as used herein, means any corporation, individual, or members of a family residing in a household conducting the sale, but shall not include nonprofit organizations.

C. “Yard sale” means retail sale of personal property labeled as such, or any retail sale of personal property conducted in or near a residence under cover, partially under cover, or completely outside of any building, in the open. The term shall include garage sales which are advertised for the public to attend. (Ord. 1901 § 1, 1988)

5.44.020 Allowed when – Hours.

No person shall operate, conduct, manage or permit a yard sale upon his premises or other property under his control more often than nine days per year, and said sale shall not be continued for a period of more than nine consecutive days, and shall be limited to 8:00 a.m. to 8:00 p.m. (Ord. 1901 § 2, 1988)

5.44.030 Advertising.

No person shall place any cards or placards advertising a yard sale on any property other than property owned by the person conducting the sale without the consent of the owner. The signs shall not be posted more than 72 hours prior to the sale and shall be removed within 12 hours after the close of the sale. (Ord. 1901 § 3, 1988)

5.44.040 Fire hazard.

No yard sale shall be allowed if in the opinion of the city police and fire department it may constitute a traffic or fire hazard. (Ord. 1901 § 4, 1988)

5.44.050 Enforcement.

The city police department shall be responsible for the enforcement of this chapter. (Ord. 1901 § 5, 1988)

5.44.060 Pre-existing sales.

Nothing in this chapter shall be construed to allow any grandfather or pre-existing sales to not conform to these requirements. (Ord. 1901 § 7, 1988)

5.44.070 Permits.

Permits shall be obtained from the police department. Any fee for the permit shall be set by resolution. (Ord. 1901 § 8, 1988)

5.44.080 Violation – Penalty.

Any person found to be in violation of this chapter shall be subject to the following penalties:

A. First violation, a civil penalty subject to monetary penalty not to exceed $400.00 total.

B. Second violation, a misdemeanor offense subject to monetary penalty not to exceed $500.00 and/or a jail sentence not to exceed 90 days.

C. Third and subsequent violation, a misdemeanor offense subject to monetary penalty not to exceed $1,000 and/or a jail sentence not to exceed 90 days.

Each day the violation continued shall be considered a separate violation. (Ord. 1901 § 6, 1988)