Chapter 5.22
YARD SALES
Sections:
5.22.020 Yard sale restrictions.
5.22.030 Yard sale application and fees.
5.22.010 Definitions.
A. “Yard sale” means a yard sale, patio sale, garage sale, rummage sale or any similar sale of used merchandise by an individual or group for profit when the merchandise to be sold is offered to the general public.
B. “Person” means any individual, household, group, family, entity or association.
C. “Secondhand dealer” means any person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value secondhand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the city or state. Regardless of the location of the sales, any person or group who conducts sales more frequently than authorized in Section 5.22.020, including at swap meets and flea markets, shall be deemed to be a secondhand dealer engaged in business for the purposes of this chapter. (Ord. 649 § 1 (part), 2015)
5.22.020 Yard sale restrictions.
A. No person or residential address shall be permitted to have more than three yard sales per calendar year. The length of time for a single yard sale shall not exceed three consecutive days, and each yard sale shall be held at least thirty days apart.
B. Goods displayed in any yard sale may not be displayed in the public right-of-way, except as expressly authorized by the city council. The city may require any person authorized to conduct a yard sale on or impacting a public right-of-way to obtain a special event permit pursuant to Chapter 5.20.
C. No signs advertising yard sales may be posted on any property other than the property upon which the yard sale is being held. Signs advertising the yard sale may be posted only during the duration of the sale and must be removed at the end of the sale.
D. Yard sales permitted by this chapter shall be conducted in an orderly manner and shall not constitute a public nuisance or hazard to persons or property. All debris from any yard sale must be removed from any public property or right-of-way immediately following the sale.
E. All merchandise offered for sale at a yard sale shall be arranged so that fire, police, health or other officials may have access for inspection at all times during the sale.
F. Nothing contained in this chapter shall restrict or prohibit the operation of gift shops in hospitals or sales by school or parent-teacher organizations within public or private schools. (Ord. 649 § 1 (part), 2015)
5.22.030 Yard sale application and fees.
A. Any person conducting any yard sale shall make written application to the city clerk at least two days prior to start of sale. The applications shall include the name or names of owners of material, the location, and the dates of sale. The application shall be signed by the person organizing the yard sale as well as the person residing at the location where the yard sale is to be held if different.
B. The application shall be accompanied by a fee to be established from time to time by resolution of the city council. A separate fee shall be required for each separate sale. (Ord. 649 § 1 (part), 2015)
5.22.040 Secondhand dealers.
No person shall engage in business as a secondhand dealer, including pawnbroker, junk dealer, or consignment store operator, in the city unless that person is the holder of a valid and current business license issued by the city. All sales by secondhand dealers, including pawnbrokers, junk dealers, and consignment store operators, must take place on properly zoned property. (Ord. 649 § 1 (part), 2015)
5.22.050 Exceptions.
Any exceptions to the requirements of this chapter must be approved, in advance, by the city council. (Ord. 649 § 1 (part), 2015)
5.22.060 Violation—Penalty.
Any violation of this chapter is a civil infraction punishable as follows:
A. On the first offense, by a written warning with no monetary penalty attached.
B. Upon any subsequent offense, by a civil monetary penalty not exceeding three hundred dollars.
C. Each day of violation hereof may be considered a separate offense. (Ord. 649 § 1 (part), 2015)