Chapter 5.24
GARAGE SALES

5.24.000    Chapter Contents

Sections:

5.24.010    Defined.

5.24.020    Restrictions.

5.24.030    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

5.24.010 Defined

A.    As used in this chapter, “garage sale” means any event, other than a sales activity operated in conjunction with a regularly licensed commercial or retail operation, which is advertised by any means whatsoever as a place or location at which members of the public may purchase identifiable or tangible personal property. Included in the definition of garage sales are yard sales, patio sales, rummage sales, estate sales, or other similar sales.

B.    As used in this chapter, “residential premises” means a single family dwelling, duplex, triplex, or fourplex.

C.    As used in this chapter, “apartment premises” shall mean any combination of living units in excess of four units under a single ownership.

(Ord. 5765 §1, 1998; Ord. 3735 §1, 1972).

5.24.020 Restrictions

A.    Unlawful conduct. It is unlawful for a person to conduct more than two garage sales per calendar year on a residential premises.

B.    It is unlawful for a person to conduct more than one garage sale per calendar month on an apartment premises.

C.    It is unlawful for a person to conduct a garage sale which exceeds four consecutive days.

D.    It is unlawful for a person to conduct a garage sale on any premises less than four months after such a sale has previously been conducted on the same premises.

E.    It is unlawful to conduct a garage sale before the hour of 8 a.m. or after the hour of 8 p.m.

F.    It is unlawful to display goods at a garage sale on a public street, sidewalk, alley or other public place or any portion thereof.

(Ord. 5765, §2, 1998; Ord. 5564, §1, 1995; Ord. 3735 §2, 1972).

5.24.030 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Civil Enforcement.

(Ord. 6081 §6, 2001; Ord. 3735 §3, 1972).