CHAPTER 114:  GARAGE SALES

Section

 

114.01   Definitions

114.02   Exemptions

114.03   Permits

114.04   Advertising

 

114.99   Penalty

 

 

 

114.01  DEFINITIONS.

 

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

GARAGE SALE.  Any sale, displaying of goods for sale, or the offer to sell used goods within the city limits by any individual or group of individuals from any private property, including but not limited to garages, porches, carports and yards.

 

  1.   Any natural person, corporation, organization or personal representative.

(1977 Code, ‘ 6-12)  (Ord. 890, passed 5-9-1977)

 

 

114.02  EXEMPTIONS.

 

The following are exempt from the provisions of this chapter:

 

(A)  The offering for sale of one item by public display with a sign indicating the item is for sale, and the sale of more than one individual item not offered for sale by public display or by signs concerning a sale or place of sale; and

 

(B)  Sales commonly referred to as Arummage sales,@ conducted by members of fraternal, civic, patriotic, religious, service, charitable or educational organizations.

(1977 Code, ‘ 6-12)  (Ord. 890, passed 5-9-1977)

 

 

 

114.03  PERMITS.

 

(A)  The City Manager or his or her delegate shall issue a permit for a garage sale upon application and upon payment of a fee, if it appears from the application that the applicant will comply with the terms and provisions of this chapter.  Issuance of a permit under this chapter shall not constitute a waiver of the requirements of the zoning ordinance or any other ordinance of the city.  The fee shall be $5 and any future fee increases shall be set by resolution.

 

(B)  The City Manager may prescribe the form of permit and the application to be used therefor, subject to the terms of this chapter.

 

(C)  The City Manager or his or her delegate may issue a permit upon application, for a period not to exceed three consecutive days; provided, however, that no more than two permits shall be issued for sales at the same location within any calendar year.

 

(D)  No permit granted under the provisions herein shall be assignable.

(1977 Code, ‘ 6-12)  (Ord. 890, passed 5-9-1977; Ord. 972, passed 6-16-1980; Ord. 993, passed 4‑20‑1981; Ord. 1016, passed 8-2-1982; Ord. 1122, passed 2-18-1992; Ord. 1219, passed 5-21-2007)

 

 

114.04  ADVERTISING.

 

(A)  There shall be allowed only one sign, not to exceed 24 inches by 25 inches, posted on the premises from which the garage sale is to be held under the provisions of this section; and no other signs shall be posted on the premises or on any other public or private place advertising the sale.

 

(B)  This section is not intended to prohibit advertising in newspaper, radio or television.

(1977 Code, ‘ 6-12)  (Ord. 890, passed 5-9-1977)

 

 

 

114.99  PENALTY.

 

A person in violation of this chapter shall be subject to fine not exceeding $100.  Each day that a sale is conducted in violation of this chapter shall constitute a separate offense.

(1977 Code, ‘ 6-12)  (Ord. 890, passed 5-9-1977)

 

 

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