Chapter 5.58
GARAGE SALES
Sections:
5.58.020 Property permitted to be sold.
5.58.040 Written statement required.
5.58.100 Display of sale property.
5.58.110 Display of permit and signs.
5.58.140 Inspection – Arrest authority of inspector.
5.58.160 Revocation and refusal of permit.
5.58.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.
A. “Garage sale” means and includes all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by the zoning ordinance, 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” or “rummage” sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.
B. “Personal property” means property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living or in maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
5.58.020 Property permitted to be sold.
It is unlawful for any individual to sell or offer for sale, under authority granted by this chapter, property other than personal property.
5.58.030 Permit required.
No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the village clerk. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them.
5.58.040 Written statement required.
Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the village clerk, at least five days in advance of the proposed sale (mailed applications must be postmarked at least seven days in advance of the sale), setting forth the following information:
A. Full name and address of applicant;
B. The location at which the proposed garage sale is to be held;
C. The date or dates upon which the sale shall be held;
D. The date or dates of any other garage sales within the current calendar year;
E. An affirmative statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired nor consigned for the purposes of resale.
5.58.050 Fee.
There shall be an administrative processing fee of ten dollars for the issuance of such permit. (Ord. 2002-07 § 29, 2002; Ord. 84-5 § 27, 1984)
5.58.060 Permit conditions.
The permit shall set forth and restrict the time and location of such garage sale. No more than one such permit may be issued to one residence and/or family household during any calendar year. If members of more than one residence join in requesting a permit, then such permit shall be considered as having been issued for each and all of such residences.
5.58.070 Hours of operation.
Such garage sales shall be limited in time to no more than the daylight hours of two consecutive days.
5.58.080 Exceptions.
A. If Sale Not Held Because of Inclement Weather. If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permitholder to this effect is submitted, the village clerk may issue another permit to the applicant for a garage sale to be conducted at the same location within thirty days from the date when the first sale was to be held. No additional permit fee is required.
B. Second Sale Permitted. A second garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the village clerk or her duly authorized representative.
5.58.090 Investigation.
Before issuing a permit, the village clerk may conduct an investigation as may reasonably be necessary to determine if there is compliance with this chapter.
5.58.100 Display of sale property.
Personal property offered for sale may be displayed within the residence, in a garage, carport and/or in a rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in the front or side yard areas of any such premises or in any public right-of-way. However, a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yards.
5.58.110 Display of permit and signs.
A. Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public and the village inspector or village police.
B. No person shall display any directional signs on any street or thoroughfare within the village, except at the premises used in connection with the garage sale.
5.58.120 Advertising signs.
A. Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale:
1. Two Signs Permitted. Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
2. Directional Signs. Two signs of not more than two square feet each are permitted; provided, that the premises upon which the garage sale is conducted is not on a major thoroughfare, and written permission to erect the signs is received from the property owners upon whose property such signs are to be placed.
B. Time Limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.
C. Removal of Signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs.
5.58.130 Public nuisance.
The individual to whom such permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the police or fire departments of the village in order to maintain the public health, safety and welfare.
5.58.140 Inspection – Arrest authority of inspector.
A police officer or any other official designated by any village ordinance to make inspections under the licensing or regulating ordinance or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest any individual who violates the provisions of this chapter.
5.58.150 Parking.
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the police department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale.
5.58.160 Revocation and refusal of permit.
A. False Information. Any permit issued under this chapter may be revoked or any application for issuance of a permit may be refused by the village clerk if the applicant or permitholder contains any fraudulent or misleading statement.
B. Conviction of Violation. If any individual is convicted of an offense under this chapter, the village clerk is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for a period of two years from the time of conviction.
5.58.170 Exemptions.
The provisions of this chapter shall not apply to or affect the following:
A. Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officials;
C. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the village, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise be prohibited in other ordinances;
D. Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for the institution or organization’s charitable purposes and the goods or articles are not sold on a consignment basis.