Chapter 5.16
YARD SALES
Sections:
5.16.030 Registration and fee.
5.16.010 Definition.
As used in this chapter:
“Yard sale” means a yard sale, patio sale, garage sale, rummage sale or any similar sale of merchandise in a residential district, including R-1, R-2 and R-R districts, by an individual or group for profit when the merchandise to be sold is offered to the general public. (Ord. 726 § 1, 2013).
5.16.020 Restrictions.
A. No individual seller, household, home address, group or family shall be permitted to have more than three yard sales per calendar year without a home occupation permit expressly permitting such activity. The length of time for yard sales shall not exceed four consecutive days and shall be held at least 30 days apart.
B. Goods displayed in any yard sale may not be displayed in the public right-of-way, except as expressly authorized by the city council.
C. Signs advertising the sale may be posted only during the duration of the sale and must be removed at the end of the sale each day. No more than two signs will be allowed in the right-of-way. Signs are not allowed to be placed on power poles or any utility poles or sign poles.
D. Sales permitted herein shall be conducted in an orderly manner and shall not constitute a public nuisance or hazard to person or property. All debris from said sale must be removed from any public property immediately following the sale. (Ord. 726 § 1, 2013).
5.16.030 Registration and fee.
Any individual or group conducting any yard sales shall make written e-mail or phone application to the city clerk-treasurer at least two days prior to start of sale. The application shall include the name or names of owners of material, the location, and the dates of sale. The application shall be signed by the person occupying the location where the sale is to be held. (Ord. 726 § 1, 2013).
5.16.040 Exceptions.
Any exceptions to the above must be submitted to and voted upon by the council at a regularly scheduled meeting of the city council. (Ord. 726 § 1, 2013).
5.16.050 Violation – Penalty.
Violation of the terms of this chapter shall constitute a civil infraction for which anyone found to have committed a civil infraction may be assessed a monetary penalty as follows:
A. For a person having found to have violated the terms of this chapter for the first time, a written warning will be issued to such person of such violation with no monetary penalty to be attached thereto.
B. Upon a finding of guilty for a second and each subsequent violation of this chapter, a monetary penalty not to exceed the sum of $250.00 shall be imposed.
C. For the purposes of this chapter, each day that a person is found to be in violation constitutes a separate violation. (Ord. 726 § 1, 2013).