Chapter 5.28
YARD SALES
Sections:
5.28.020 License—Required—Fee.
5.28.010 Definitions.
The following definitions apply to this chapter:
A. “Nonprofit organization” includes, but is not limited to, fraternal organizations, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups and parent-teacher organizations.
B. “Yard sale” means a yard sale, patio sale, garage sale or any similar sale of merchandise, or barter, by a person or persons when the merchandise to be sold is offered to the general public other than within a building other than a garage but does not include the sale of products at a farmer’s market as defined in Section 18.06.010 and as allowed by Section 18.46.020(X).
C. “Outdoor sale” means any sale of merchandise or barter, by a person or persons when the merchandise to be sold is offered to the general public other than within a building but does not include the sale of products at a farmer’s market as defined in Section 18.06.010 and as allowed by Section 18.46.020(X).
D. “Person or persons” means persons of either sex, groups, firms, partnerships, corporations, or other associations of natural personas whether acting by themselves or by servants, agents, or employees but shall not include nonprofit organizations. (Ord. 2302 § 1, 2001: Ord. 1203 §§ 1, 2, 3, 1981; Ord. 1091-A (part), 1978).
5.28.020 License—Required—Fee.
No person shall conduct a yard sale or outdoor sale as defined in Section 5.28.010 without procuring a license therefor from the city. Application for said license shall be made to the city clerk, delivered in person or postmarked at least twenty-four hours prior to the date of the sale, which application shall include the name and address of the applicant, the address of the location of the sale, a general description of the type of items to be sold, and the date(s) of said sale. The applicant shall pay a nonrefundable license fee in an amount set by passage of a separate fee ordinance to the city of Prosser along with their application for a yard sale or outdoor sale. (Ord. 3003 § 1, 2017: Ord. 2302 § 2, 2001: Ord. 1203 § 4, 1981: Ord. 1091-A (part), 1978).
5.28.030 Restrictions.
Yard sales and outdoor sales shall be limited to two such sales in each calendar year for each person or persons or each address. A person or persons may participate in selling his own property in not more than two such sales in any calendar year, whether acting alone or with another person or persons. The length of time for a yard sale or outdoor sale shall not exceed three consecutive days. Goods displayed in any yard sale or outdoor sale may not be displayed in the public right-of-way. 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. (Ord. 2302 § 3, 2001: Ord. 1203 § 5, 1981: Ord. 1091-A (part), 1978).
5.28.040 Violation—Penalty.
Any violation of this chapter is punishable as follows:
A. On the first offense, by a written warning with no criminal sanction to be attached thereto;
B. Upon a conviction of second and subsequent offenses, by a fine not exceeding one hundred dollars. (Ord. 1091-A (part), 1978).