Chapter 5.12
GARAGE SALES
Sections:
5.12.060 Enforcement, violation and penalty.
5.12.010 Definitions.
“Commercial lot” means any lot zoned as a commercial lot under Chapter 17.30 SLMC.
“Dwelling” means a building or portion thereof used exclusively for residential occupancy, including single-family, two-family and multifamily dwellings.
“Garage sale” (hereinafter referred to as “sale” or “sales”) means and includes all general sales, open to the public, for the purpose of disposing of personal property including, but not limited to, all sales entitled “garage,” “lawn,” “yard,” “attic,” “porch,” “room,” “backyard,” “patio,” “flea market,” “moving,” “estate” or “rummage” sale. This definition shall not include the sale of five or less items that are held for sale and all advertisement of such sale specifically names those items to be sold.
“Industrial lot” means any lot zoned as an industrial under Chapter 17.40 SLMC.
“Joint sale” means a sale located on a single lot but operated jointly by two or more landowners or residents who provide personal property for sale.
“Landowner” means a person who owns real property within the corporate limits of the city of Soap Lake.
“Resident” means a person who resides on real property within the corporate limits of the city of Soap Lake.
“Residential lot” means any lot zoned as a residential lot under Chapter 17.20 SLMC including one or more contiguous lots, under single ownership or control, on which a dwelling is located.
“Undeveloped lot” means one or more contiguous lots, under single ownership, on which there is no dwelling. (Ord. 1299 § 1, 2019).
5.12.020 Resale property.
The resale of property obtained from other sales or from commercial businesses for the purpose of making a profit is not considered a garage sale and is therefore subject to the applicable provisions of this title pertaining to business licenses and regulations. (Ord. 1299 § 1, 2019).
5.12.030 Restrictions.
The following shall apply to garage sales (hereinafter referred to as “sale” or “sales”) in all areas:
A. Sales shall be conducted by and are intended for landowners and residents of the city of Soap Lake only;
B. No more than three sales shall be conducted at any one location during a calendar year;
C. The length of time for each sale shall not exceed three consecutive calendar days;
D. Sales shall not be conducted consecutively and there shall be at least four consecutive calendar days of separation between sales;
E. Goods and merchandise displayed in any sale may not be displayed in the public right-of-way;
F. All goods and merchandise offered for sale shall be arranged so that fire, police, health or other officials shall have access to the premises at all times during the sale;
G. No goods or merchandise shall be offered for sale which does not consist of goods and merchandise owned and used by the landowner or resident conducting the sale;
H. All goods and merchandise shall be removed from display within 24 hours of the end of the sale;
I. Sales in excess of three per year or sales in excess of three consecutive calendar days are not considered garage sales and are subject to the applicable provisions of this title pertaining to business licenses and regulations;
J. Sales on residential lots in any zone shall be allowed subject to compliance with the conditions included in this chapter;
K. Sales on commercial lots or industrial lots in any zone are prohibited except that sales conducted at commercial storage facilities with a valid business license shall be allowed subject to compliance with the conditions included in this chapter;
L. Sales on undeveloped lots are prohibited in any zone;
M. Sales by nonprofit organizations such as churches, clubs, senior centers and like organizations in any zone shall be allowed on residential, commercial or undeveloped lots;
N. Joint sales shall be allowed subject to the following conditions:
1. A joint sale shall be counted against the total annual sales allowed under subsection (B) of this section;
2. A joint sale shall be considered one sale for compliance with the signage requirements in SLMC 5.12.040. (Ord. 1299 § 1, 2019).
5.12.040 Signage.
The following shall apply to garage sale signs in all areas:
A. Signs may be posted one day before the date of the sale;
B. Signs shall be removed within 24 hours of the end of the sale;
C. Each sale is allowed four off-premises signs. Such signs shall contain no more than two sides and each side shall not exceed four square feet in area;
D. Each sale is allowed two on-premises signs. Such signs shall contain no more than two sides and each side shall not exceed nine square feet in area;
E. Signs shall not be affixed to, placed in front of, or in any way be supported by government signs including, but not limited to, stop signs, utility poles or any other city, government or public property;
F. Off-premises signs may be placed within the public right-of-way but may not obstruct vehicular or pedestrian movement or visibility, or pose a safety hazard. Signs may not be placed on public sidewalks. Off-premises signs shall not include any balloons, streamers or similar attachments;
G. Off-premises signs shall display the address and date(s) of the sale;
H. The city shall not be liable for any injury to any persons or any damage to any property related to garage sale signs. Sign owners shall indemnify, defend, hold and save the city harmless from all claims in connection with any such items of actual or alleged injury or damage. (Ord. 1299 § 1, 2019).
5.12.050 Removal of signs.
Signs found to be in violation of SLMC 5.12.040 are subject to immediate removal by the code enforcement official or any other city employee so designated. (Ord. 1299 § 1, 2019).
5.12.060 Enforcement, violation and penalty.
This chapter may be enforced by any authorized representative of the city including, but not limited to, the building inspector, code enforcement official, mayor, or designee. Any person or organization who shall violate any of the terms and regulations of this chapter shall be subject to a warning to immediately comply with the provisions of this chapter. Any person failing to comply with such warning shall be subject to a civil infraction. Any person, firm or corporation found to have committed an infraction under this chapter shall be assessed a C-20 monetary penalty in accordance with Chapter 1.10 SLMC.
Each day of violation of any provision of this chapter shall be considered a separate offense and such offender may be penalized separately therefor.
Nothing in this chapter shall be construed to allow any “grandfather” or “preexisting” sales to continue in nonconformance with the requirements of this chapter. (Ord. 1299 § 1, 2019).
5.12.070 Severability.
If any term or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. (Ord. 1299 § 1, 2019).