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Sec. 8-271. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Personal property means property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of residing in or maintaining the residence or household where the yard sale is taking place. Merchandise purchases for the purpose of resale or which was obtained on consignment is not included in this definition.
Yard sale means all general sales, opened to the public, conducted from or on residential premises for the purpose of disposing of the personal property of the owner or tenant of the residence, and shall include but shall not be limited to sales entitled "yard," "garage," "lawn," "attic," "porch," "room," "backyard," "patio," or "rummage" sale; provided however, that neighborhood owners and/or tenants may participate in any such yard sale as defined in this division so as to authorize multifamily garage sale, so long as the owner or tenant of the premises at which the sale is operated is conducting and in charge of the sale. This definition of yard sale shall only include sales in which more than five items are offered for sale from a residential property.
(Rev. Ords. 1987, § 8-185(a), (b))
Cross reference— Definitions generally, § 1-2.
Sec. 8-272. - Permit required.#
No yard sale shall take place in the city unless and until a permit therefor is obtained by the individuals desiring to hold such a sale. Owners or tenants of more than one residence may obtain a joint permit for such a sale as long as it is to be held at the residence of one of them. The first three permits obtained in one calendar year shall be issued by the city clerk. Additional permits obtained after this shall be issued by the city clerk upon approval by the city council.
(Rev. Ords. 1987, § 8-185(c))
Sec. 8-273. - Permit fee.#
There shall be an administrative processing fee of $5.00 for the first three permits obtained in one calendar year. Additional permits obtained after this shall have a fee of $10.00.
(Rev. Ords. 1987, § 8-185(d))
Sec. 8-274. - Hours of operation.#
Any yard sale conducted in the city shall be limited in time to no more than the daylight hours of two consecutive days.
(Rev. Ords. 1987, § 8-185(e))
Sec. 8-275. - Advertising; signs.#
No sign or other form of advertising shall be exhibited more than two days prior to a sale, and all forms of advertising must be removed within 12 hours of the close of any sale.
(Rev. Ords. 1987, § 8-185(f))
Sec. 8-276. - Display of personal property.#
Personal property offered for sale as a garage sale may be displayed within the residence in a carport, in a garage, or in any part of the yard thereof. A vehicle offered for sale, however, must be displayed in a permanently constructed driveway.
(Rev. Ords. 1987, § 8-185(g))
Sec. 8-277. - Responsibility for orderly behavior.#
The individual to whom a permit is issued and the owner or tenant of the property at which such a sale is conducted are jointly responsible for upholding good order and decorum on the premises during the hours of such a sale. Any loud or boisterous language or conduct on the premises, or any impediment to the passage of traffic that is posed by vehicles because of the sale is prohibited. All such individuals shall obey the reasonable orders of any member of the police or fire departments of the city reasonably necessary to maintain the public health, safety, and welfare.
(Rev. Ords. 1987, § 8-185(h))
Sec. 8-278. - Exemptions.#
The provisions of this section shall not apply to or affect: (1)
Persons selling goods or personal property as a:
a.
Lien foreclosure sale authorized and conducted pursuant to law;
b.
Judicial sale pursuant to the order of any court of competent jurisdiction; or
c.
Sale by a trustee, executor, administrator, or other fiduciary authorized or required by law.
(2)
Any sale conducted by any merchant or other business establishment from or at a place of business provided such sale is licensed as required by law and permitted by the zoning regulations by the city either as a conforming or an existing nonconforming use under the provisions thereof or any sale conducted by a manufacturer, dealer, or vendor otherwise authorized by law and which is conducted from properly zoned premises and which is not otherwise prohibited by the ordinances of the city.
(3)
Any sale conducted by any exempt organization, defined as any charitable, nonprofit, tax-exempt organization, contribution to which are deductible for federal or state income tax purposes.
(Rev. Ords. 1987, § 8-185(i))
Sec. 8-279. - Violation.#
Any article sold on each day a sale is conducted in violation of this division shall constitute a separate offense.
(Rev. Ords. 1987, § 8-185(j))
Sec. 8-280. - Penalty.#
Any person found guilty of violating the terms of this section shall be fined not less than $25.00 nor more than $100.00 for each offense.
(Rev. Ords. 1987, § 8-185(k))