Chapter 5.15
Garage Sales
Sections:
5.15.020 Number of garage sales.
5.15.050 Display of sales merchandise.
5.15.070 Illegal signs, disposition.
5.15.010 Definitions.
For the purpose of this chapter, the following terms shall mean:
A. “Garage sale” means general sales open to the public conducted from or on residential premises in any residential district, or from a temporarily arranged site elsewhere within the City, for the purpose of disposing of personal property including, but not limited to, all sales entitled “garage, moving, lawn, yard, attic, porch, backyard, patio, basement,” or other similarly intended nature.
B. “Personal property” means property which is utilized, owned and maintained by an individual or by members of a residence and acquired in the normal course of living in or maintaining of a residence. [Ord. 739 § 1, 2013.]
5.15.020 Number of garage sales.
No person or household shall hold more than five sales in a calendar year. A calendar year begins January 1st and ends December 31st. If members of more than one residence join in holding a garage sale, then such sale shall be considered as having been held for each and all such residences. [Ord. 739 § 2, 2013.]
5.15.030 Hours of operation.
Garage sales may only be held between the hours of 8:00 a.m. and 7:00 p.m. [Ord. 739 § 3, 2013.]
5.15.040 Number of days.
Garage sales may be held for no more than four consecutive days. Any sale lasting for more than four consecutive days shall constitute a nuisance under Chapter 8.30 BMC. [Ord. 739 § 4, 2013.]
5.15.050 Display of sales merchandise.
Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or in the yard of the residence; and only in such areas. No property offered for sale shall be displayed in any public right-of-way, sidewalk, alley, or street. [Ord. 739 § 5, 2013.]
5.15.060 Signs.
A. Off Premises. All off-premises signs advertising the garage sale shall be in compliance with the City’s sign ordinance.
B. On Premises. A maximum of two on-premises signs may be placed within the property of the sale.
C. Right-of-Way. No on- or off-premises sign shall be placed in the public right-of-way. [Ord. 739 § 6, 2013.]
5.15.070 Illegal signs, disposition.
Signs found within the City which are unlawfully posted upon utility poles, regulatory signs or posts, or are placed on sidewalks, in the right-of-way, or any other area not allowed by this chapter, are hereby declared a nuisance to public safety, as they detract from the driving public’s attention to traffic signals as well as other vehicular and pedestrian traffic. Police officers may summarily remove posted signs as evidence of unlawful activity in preparation for prosecution. If no prosecutorial action is taken, the signs may be destroyed. [Ord. 739 § 7, 2013.]
5.15.080 Owner presumption.
In the enforcement of this chapter, it shall be a presumption that an address or telephone number listed on any garage sale sign shall be that of the individual(s) responsible for posting the sign. In addition, any signs directing the public by way of arrows or other directional symbols or phrases to a particular residence shall be presumed to have been erected by the owner(s) or occupant(s) of said residence. [Ord. 739 § 8, 2013.]
5.15.090 Penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction for a first offense, shall be fined not less than $25.00 nor more than $250.00, excluding court costs and assessments. In addition, the court may assign to the convicted individual(s) appropriate community service not to exceed 40 hours. [Ord. 739 § 9, 2013.]