Chapter 5.60
GARAGE SALES
Sections:
5.60.020 Limit on number and length of sales.
5.60.040 Warning of violation.
5.60.010 Definitions.
A. For the purpose of this chapter, the term “garage sale” shall mean any sale, displaying goods for sale, or offering to sell used goods within the city limits by any individual or group of individuals from any private residential property, including but not limited to garages, porches, carports, yards, etc.
B. “Calendar year quarters” as herein used are defined as: first, January 1st through March 31st; second, April 1st through June 30th; third, July 1st through September 30th; fourth, October 1st through December 31st. (Ord. 2-1988 §§ 1, 3)
5.60.020 Limit on number and length of sales.
No property owner or householder shall hold or conduct more than one household or garage sale on his or her property or at his or her residence in any one calendar year quarter, and such sale shall not be conducted for a period more than four days. (Ord. 2-1988 § 2)
5.60.030 Advertisement.
Such household and garage sales may be advertised only by signs on the property of the property owner or resident holding the sale and/or by radio, television and newspaper advertising. Any posted signs must be removed within three days following termination of the sale. (Ord. 2-1988 § 4)
5.60.040 Warning of violation.
Property owners or householders presumed to be in violation of this chapter shall be served with a copy of this chapter at least 96 hours before any enforcement action is commenced. Such property owner or householder, once so served, shall be presumed to be aware of the existence of this chapter; and any violations thereafter by such person may subject them to the enforcement action without further notice. (Ord. 2-1988 § 5)
5.60.050 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 “rummage sales”, conducted by members of fraternal, civic, patriotic, religious, service, charitable or educational organizations. (Ord. 2-1988 § 6)
5.60.060 Permit not required.
No permit, permit fee or notice to the city shall be required for holding such activities as permitted herein. (Ord. 2-1988 § 7)
5.60.070 Violation – Penalty.
Any person, firm, organization, association or corporation found to be in violation hereof by a court of competent jurisdiction shall be subject to a fine not to exceed $100.00 for each such violation. Each day such violation continues will be considered a separate violation. The municipal court of the city of Fairview shall be considered the court of competent jurisdiction hereunder. (Ord. 2-1988 § 8)