Chapter 5.60
GARAGE SALES
Sections:
5.60.020 Garage sales – Limits.
5.60.030 Signs to be placed only on residential premises.
5.60.040 Sales not to impede traffic.
5.60.050 Violations – Penalties.
5.60.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
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,” “back yard,” “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. “Person” means any corporation, individual, or members of a family conducting the sale, but shall not include nonprofit organizations.
C. “Nonprofit organization” includes, but is not limited to, fraternal organizations, hobby societies, educational societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups and parent-teacher organizations.
D. “Personal property” does not include farm equipment, automobiles, lumber, fruit and vegetables being sold and displayed in commercially zoned areas of the city. (Ord. 2503 § 1, 1992).
5.60.020 Garage sales – Limits.
No person shall operate, conduct, manage, allow or permit a garage sale upon his premises or other property under his control more often than once per quarter or four times per calendar year. The sale shall not be continued for a period of more than three consecutive days and shall be conducted from the hours of 8:00 a.m. to 8:00 p.m. (Ord. 2503 § 2, 1992).
5.60.030 Signs to be placed only on residential premises.
Signs, cards or placards advertising a garage type sale shall be placed only on the residential premises on which the garage sale is being conducted or on other property with permission of the owner. Signs shall not be posted more than 48 hours prior to the sale and shall be removed within 24 hours after the close of the sale. Signs shall not be attached to any public structure, signs, utility poles, or traffic control devices. (Ord. 2503 § 3, 1992).
5.60.040 Sales not to impede traffic.
Garage sales shall be supervised by, and are the responsibility of, the occupant of the residential premises. This person shall not allow vehicles to impede the passage of traffic on any public roads in the area of the residential premises. Personal property shall not be displayed on any public rights-of-way. No yard type sale shall be allowed if in the opinion of the city police and fire departments it may constitute a traffic, fire, or other safety hazard. Police or fire departments may require closure of the sale if in the opinion of the department a traffic, fire, or safety hazard is present, or for any violations of the above rules and regulations. (Ord. 2503 § 4, 1992).
5.60.050 Violations – Penalties.
A. Any person violating any of the provisions of this chapter shall be deemed to have committed a non-traffic infraction and shall be subject to penalties as follows:
1. First offense, $50.00;
2. Second offense, $100.00;
3. Third or more offenses, $150.00.
B. The provisions of Chapter 46.63 RCW for the disposition of traffic infractions shall apply to the dispositions of all violations under this chapter except as follows:
1. The provisions in Chapter 46.63 RCW relating to the provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this chapter;
2. The provisions in Chapter 46.63 RCW relating to the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable to this chapter.
C. The form for notice of infraction for a violation of this chapter shall be prescribed by rule of the Supreme Court. (Ord. 2503 § 5, 1992).