Printed from Web Site
THE COMPLETE CODE
Sec. 93-50. Garage sales
(A) A garage sale is defined as a sale of personal property from a City residentially zoned property, upon which a structure is located,
which is intended solely for the sale of previously owned and unwanted tangible items at reduced prices, as an alternative to continued
storage within the structure on the premises or the removal of such articles by appropriate solid waste disposal provider.
(B) For the purposes of this section, garage sales are not intended to be flea markets or bazaar sales which often offer personal property
of other third-parties and new merchandise for sale along with the usual used and unwanted articles of personal property belonging to the
person conducting the sale.
(C) The owner or lessee of the property upon which a garage sale is to be conducted shall be required to provide advance written notice
of the sale to the City code enforcement department.
(D) No garage sales shall be conducted in the City unless such sales are in compliance with the following regulations, restrictions and
conditions:
(1) Garage sales shall only be conducted in the residential zoning districts of the City.
(2) No business entities of any kind may conduct garage sales in the residential zoning districts of the City.
(3) No owner or lessee of residentially zoned property may conduct garage sales for the purpose of selling new merchandise or personal
property or merchandise sold in bulk (such as in a wholesale or retail business operation) which is owned by the property owner, lessee,
or any other person or business entity.
(4) Only used and unwanted items of tangible personal property, owned by the permittee and family members residing on the permit
premises, and usual to a household and those residing therein, may be sold at a properly permitted garage sale.
(5) Garage sales may only he held between the hours of 7:00 o'clock a.m. and 5:00 o'clock p.m.
(6) No garage sale shall be permitted to extend more than two consecutive days.
(7) No more than three garage sales may be held and permitted on the same property within any calendar year, and there shall be at least
a 30-day period between garage sales. However, the required interval between garage sales may be waived by the City for owners or
lessees who can establish, to the satisfaction of the City, that they are imminently moving to a different location within the City or out of
the City. Additionally, at the discretion of the City, a garage sale that was "rained out" will not count against the number of such sales
permitted for any residential property.
(8) All sale property shall be exhibited and displayed within the existing front setback area established for the property and within the
residence or any carport or garage area existing on the property.
(9) Although the current City sign ordinance does not permit "garage sale" signs, one sign, not exceeding 100 square inches in size, may
be displayed on the property where the sale is being conducted. Such sign shall be placed in a location on the property that will not create
a vision or other safety hazard, and shall be removed immediately upon the termination of the sale.
(10) The placement of other signs in other areas of the City which are intended to give notice or advertise any garage sale are strictly
prohibited.
(E) The provisions of this section shall not apply to the following:
(1) Sales of personal property conducted pursuant to an appropriate court order or other civil process issued by a court of competent
jurisdiction.
(2) Any owner or lessee of property selling or advertising for sale an item or items of personal property in a newspaper, magazine,
periodical, or other commercially printed media, which are specifically named or described in the advertisement, and which do not exceed
five in number.
(F) If a violation of the foregoing provisions is observed by an authorized code enforcement department official, the owner or lessee of
the property upon which the garage sale is being conducted shall be immediately advised of the violation and, if susceptible to correction,
be provided a reasonable time in which to remedy the violation. If, however, the violation is not susceptible to correction, or is not
remedied within the time provided by the code enforcement department official, the garage sale shall then be immediately terminated by
order of the code enforcement department official. Any failure to timely comply with the termination order for the garage sale shall
constitute a City code violation to be prosecuted in accordance with the provisions of Code of Ordinance chapter 101, and the code
enforcement department official may solicit the assistance of the City police department should the situation warrant such intervention.
(G) Special economic condition exceptions; sunset provision. Notwithstanding any provision previously set forth herein to the contrary,
the following provisions will be applicable to garage sales conducted within the City for a period of one year from enactment.
(1) During this period, four garage sales, instead of three, may be held and permitted on the same property.
(2) Also, during this period, two garage sales may be permitted during any month, and no 30-day period between sales shall be required.
(3) The provisions contained in section (G) shall automatically sunset and be of no further force or effect one year from ena
ctment.
(Ord. No. 843-98, passed 3-9-98; amend Ord. 856-99, 10-11-99; amend. Ord. 902-03, passed 9-22-03; amend. Ord. 970-08, passed 9-8-
08)
