Chapter 5.30


5.30.010    Definitions.

5.30.020    Restrictions.

5.30.030    Advertising.

5.30.040    Violation – Penalty.

5.30.010 Definitions.

A. “Garage sale” means retail sale of personal property labeled as such, or any retail sale of personal property open to the public, conducted from or on a residential premises in any residential zone, as defined in the zoning ordinance, under cover, partially under cover, or completely outside of any building in the open. The term “garage sale” shall include, but is not limited to, all sales entitled “yard sale”, “patio sale”, “attic sale”, “lawn sale”, “porch sale”, “back yard sale” or “room sale”. This definition shall not apply where no more than five specific personal property items are held out for sale and all advertisement of such sale specifically name those items to be sold.

B. “Person” means any member of a family conducting the sale and as further defined in NMC 1.04.010(J); but shall not include nonprofit organizations.

C. “Nonprofit organization” includes, but is not limited to, fraternal organizations, hobby societies, educational societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups and parent-teacher organizations. (Ord. 846 § 1, 1994)

5.30.020 Restrictions.

A. No person shall operate, conduct, manage, allow or permit a garage sale as defined in NMC 5.30.010 upon his or her premises or other property under his or her control for more than 10 calendar days per year.

B. Garage sales shall not be continued for a period of more than four consecutive days and shall be conducted from 8:00 a.m. to 8:00 p.m. (Ord. 979 § 1, 2003)

5.30.030 Advertising.

No person nor nonprofit organization shall place any cards or placards advertising a garage sale on any property other than property owned or under the control of the person authorized to conduct the sale without the consent of the owner. Signs advertising a garage sale shall be no more than six square feet in size. All signs shall be removed 24 hours after the sale is completed. (Ord. 846 § 1, 1994)

5.30.040 Violation – Penalty.

Any violation of this chapter is punishable as follows:

A. On the first offense by a written warning with no criminal or civil sanction to be attached thereto;

B. Upon a conviction of first offense, by a civil penalty not to exceed $10.00;

C. Upon a conviction of a second or subsequent offense, by a civil penalty not to exceed $100.00. (Ord. 846 § 1, 1994)