CHAPTER 111
YARD SALES
Section
111.01 Definition
111.02 Time frame restrictions
111.03 Advertisements
111.04 Exemptions
111.05 Permits not required
111.06 Violation; notice
111.99 Penalty
111.01 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
YARD SALE. Any sale, displaying of goods for sale, or the offer to sell used goods within the city limits by any person or group of persons from any private property, including but not limited to garages, porches, carports, yards when:
(A) The person(s) is not regularly engaged in the business of selling such goods; or
(B) The property on which the sale is conducted is not lawfully and regularly used for commercial sales or is not in a zone permitting commercial sales.
(Ord. 1533, passed 9-10-84; Am. Ord. 2286, passed 11-12-19)
111.02 TIME FRAME RESTRICTIONS.
(A) No person or group of persons shall hold or conduct more than one yard sale on the person’s or group of person’s property or residence in any one calendar year quarter, and the sale shall not be conducted for a longer period than four consecutive days.
(B) Calendar year quarters as herein used are:
(1) First quarter: January 1 through March 31;
(2) Second quarter: April 1 through June 30;
(3) Third quarter: July 1 through September 30; and
(4) Fourth quarter: October 1 through December 31.
(Ord. 1533, passed 9-10-84; Am. Ord. 2286, passed 11-12-19)
111.03 ADVERTISEMENTS.
Yard sales may be advertised by:
(A) Notices placed on a designated community bulletin board or bulletin boards and via internet sources, radio, television and other print media;
(B) Signs on the property hosting the yard sale;
(C) Off-premises signs on private property not hosting the yard sale with the permission of the owner of that private property;
(D) Signs in or on a legally parked vehicle that does not cause any visual obstruction to other drivers.
All signs must include the address of the yard sale and the name and phone number of the person(s) responsible for the yard sale; be removed within four hours of when the yard sale is over except for notices placed on a designated community bulletin board or bulletin boards and via internet sources, radio, television and other print media. Signs prohibited under § 155.17 are not permitted. Signs not exempted under § 155.17 shall conform to the Comprehensive Sign Code, including obtaining any required permit.
(For additional information see § 155.18, Sign Placement and Requirements – Prohibited signs.)
(Ord. 1533, passed 9-10-84; Am. Ord. 2257, passed 5-29-18; Am. Ord. 2286, passed 11-12-19) Penalty, see § 111.99
111.04 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
(B) Sales commonly referred to as "rummage sales," conducted by members of fraternal, civic, patriotic, religious, service, charitable, educational organizations.
(Ord. 1533, passed 9-10-84; Am. Ord. 2286, passed 11-12-19)
111.05 PERMITS NOT REQUIRED.
No permit, permit fee or notice to the city is required for holding the activities as permitted herein.
(Ord. 1533, passed 9-10-84; Am. Ord. 2286, passed 11-12-19)
111.06 VIOLATION; NOTICE.
Any person or group of persons alleged to be in violation of this chapter shall be served with a copy of this chapter at least 72 hours before any enforcement action is commenced; however, the individual or group of individuals, once served, shall be presumed to be advised of the existence of this chapter; and a citation may be issued for any further violation.
(Ord. 1533, passed 9-10-84; Am. Ord. 2286, passed 11-12-19)
111.99 PENALTY.
Any person, persons, firms, organizations, associations or corporations in violation hereof commits a Class A violation. Each day will be a separate violation.