CHAPTER 96: GARAGE SALES
Section
96.01 DEFINITIONS.
For the purpose of this chapter, the following terms are defined as follows:
GARAGE SALE. A sale open to the public conducted from or on a residential premises or from a temporarily arranged site elsewhere within the city, for the purpose of disposing of personal property only. The term "garage sale" includes, but is not limited to, all sales entitled "garage, moving, lawn, yard, attic, porch, backyard, patio, basement, estate" or other sales of a similarly intended nature.
PERSONAL PROPERTY. 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. It does not include merchandise which was purchased for resale or obtained from closeouts, fire sales, or other quantity liquidations, or commercial consignments.
SIGNS. Signs advertising a garage sale or directing the public by way of arrows or other directional signals to a particular location. Signs shall include any materials to which the sign is affixed as well as any support or anchor.
(Ord. 1169, passed 2-9-10)
96.02 NUMBER OF GARAGE SALES.
Except as allowed by this section, no person or group shall hold more than six garage sales during a calendar year. 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 residents. The above limit of the number of garage sales held during any calendar year shall not apply to garage sales held by nonprofit corporations, not-for-profit associations or organizations, or garage sales to fundraise for charitable, educational, religious, or athletic purposes for community members, groups, or causes.
(Ord. 1169, passed 2-9-10)
96.03 HOURS OF OPERATION.
Garage sales may only be held between the hours of 8:00 a.m. and 7:00 p.m.
(Ord. 1169, passed 2-9-10)
96.04 NUMBER OF DAYS.
Garage sales may be held for no more than three consecutive days.
(Ord. 1169, passed 2-9-10)
96.05 DISPLAY OF MERCHANDISE.
Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or in the yard of a residence, or on other private property with the consent of the owner of such private property. No personal property offered for sale or to be given away shall be displayed on any public right-of-way, sidewalk, alley, or street.
(Ord. 1169, passed 2-9-10)
96.06 SIGNS.
No signs may be placed on any utility poles or regulatory signs or posts. No signs shall be placed in the street. Signs may be placed on private property with permission of the property owner. Each sign must have the name and address of the person conducting the garage sale advertised by the sign. All signs must be removed by 8:00 p.m. of the last day of the garage sale. Signs may not be exhibited for more than one day prior to the day the garage sale is to commence.
(Ord. 1169, passed 2-9-10)
96.07 RESPONSIBILITY.
The individual or individuals operating a garage sale and the owner or tenant of the property upon which the sale or activity is conducted shall be jointly and severally held responsible for the maintenance, 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 road, alley, or street in the area of the premises.
(Ord. 1169, passed 2-9-10)
96.08 OWNER PRESUMPTION.
In the enforcement of this chapter, there is a presumption that a name, address, or telephone number listed on a sign shall be that of the individual responsible for posting the sign. In addition, signs directing the public to a particular residence are presumed to have been erected by the owner or occupant of the residence.
(Ord. 1169, passed 2-9-10)
96.09 ILLEGAL SIGNS.
Signs found within the city which do not comply with 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. Such signs may be summarily removed as evidence of unlawful activity in preparation for prosecution. If no prosecutorial action is taken, the signs may be destroyed.
(Ord. 1169, passed 2-9-10)
96.10 SALE RESTRICTIONS.
Only personal property shall be sold at garage sales.
(Ord. 1169, passed 2-9-10)
96.99 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 $500 for each such violation. Each day such violation continues will be considered a separate violation.
(Ord. 1169, passed 2-9-10)