Chapter 5.08


5.08.010    Definitions.

5.08.020    Restrictions.

5.08.030    Registration and fee.

5.08.040    Exceptions.

5.08.050    Violation—Penalty.

5.08.010 Definitions.

As used in this chapter:

“Second hand dealer” means any person or group who conducts a sale of tangible items of used personal property accumulated or acquired from others for the purpose of resale, and who is not a pawnbroker or junk dealer licensed by the city. Regardless of the location of the sales, any person or group who conducts sales more frequently than described below, shall be deemed to be a second hand dealer engaged in business for the purpose of this chapter.

“Yard sale” means a yard sale, patio sale, garage sale, rummage sale or any similar sale of merchandise by an individual or group for profit when the merchandise to be sold is offered to the general public. (Ord. 433 § 1, 1985)

5.08.020 Restrictions.

A.    No individual seller, household, home address, group or family shall be permitted to have more than three yard sales per calendar year. The length of time for yard sales shall not exceed four consecutive days and shall be held at least thirty (30) 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.

C.    No signs advertising yard sales may be posted on other than the property on which the sale is being held. Signs advertising the sale may be posted only during the duration of the sale and must be removed at the end of the sale.

D.    Sales permitted herein shall be conducted in an orderly manner and shall not constitute a public nuisance or hazard to person or property. All debris from said sale must be removed from any public property immediately following the sale.

E.    All merchandise offered for sale shall be arranged so that fire, police, health or other officials may have access for inspection at all times during the sale.

F.    No individual or group shall engage in business as a second hand dealer in the city unless that individual is the holder of a valid and current license issued by the city. All sales by second hand dealers must take place on properly zoned property.

G.    Nothing contained in this chapter shall restrict or prohibit the operating of gift shops in hospitals or sales by school parent/teacher organizations within public or private schools.

(Ord. 433 § 2, 1985)

5.08.030 Registration and fee.

A.    Any individual or group conducting any yard sales shall make written application to the city clerk at least two days prior to start of sale. The application 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 occupying the location where the sale is to be held.

B.    The application shall be accompanied by a fee of three dollars and shall be required for each separate sale.

(Ord. 433 § 3, 1985)

5.08.040 Exceptions.

Any exceptions to the above must be submitted to and voted upon by the council at a regularly scheduled meeting of the city council. (Ord. 433 § 4, 1985)

5.08.050 Violation—Penalty.

Violation of the terms of this chapter shall constitute a civil infraction which is punishable as follows:

A.    For a person having found to have violated the terms of this chapter for the first time, a written warning will be issued to such person of such violation with no monetary penalty to be attached thereto.

B.    Upon a finding of guilty for a second and each subsequent violation of this chapter, a monetary penalty not to exceed the sum of two hundred fifty dollars ($250.00) shall be imposed.

C.    For the purposes of this chapter, each day that a person is found to be in violation constitutes a separate violation.

(Ord. 98-571 § 3(E), 1998: Ord. 433 § 5, 1985)