Garage Sale Permits

Sec. 13-35. – Garage sales; permits and regulations.

(a) Definitions:

(1) Garage sale. As used herein, the term “garage sale” means the sale or offering for sale or for other consideration any items, goods or merchandise from property which is zoned residential, and shall include the terms flea market, porch sale, yard sale, rummage sale, patio sale, drive-way sale, or any other term of similar import.

(2) Person. As used herein the word “person,” shall mean anyone acting for himself or herself or for another person, or for any firm, partnership, corporation, organization or other entity.

(b) Permit. It shall be unlawful for any person to hold, manage, sponsor or otherwise conduct a garage sale without first obtaining a permit as required herein.

(c) Application. A permit for a garage sale shall be obtained from the city during the city’s business hours or through the city’s website by personal application of the person in charge of the proposed garage sale, upon an application form to be furnished by the city. Such permit shall be obtained before the beginning of the proposed garage sale, and shall be prominently displayed on the premises at all times while the garage sale is open for business. The permit shall be free and no occupational license shall be required. The permit shall contain the following information and shall be signed and sworn to by the applicant:

(1) Full name and address of applicant;

(2) Location at which the sale is to be held (street address);

(3) Date or dates of the proposed sale;

(4) Date or dates of any garage sales held by the applicant or on the proposed premises during the previous twelve (12) months;

(5) A statement that the property to be offered for sale is owned by the applicant or his/her family, that the items to be offered for sale are all used, that no property or items to be offered for sale have been or will be acquired by consignment, and that no property or items have been or will be acquired for the purpose of resale.

(d) Duration, frequency, hours. No garage sale shall be conducted, for a period in excess of three (3) consecutive days. No more than six (6) garage sales shall be conducted on any property, parcel or premises, or by any person, within any twelve-month period. No garage sale shall be conducted within sixty (60) days of any garage sale conducted on the same property, parcel or premises, or by the same person. No garage sale shall be open for business between sunset and sunrise.

(e) [Signs.] One (1) temporary sign, not to exceed four (4) square feet (double faced is permissible) shall be permitted on the property where the sale is to be conducted. In addition, a maximum of three (3) other signs, not to exceed two (2) square feet each, shall be permitted to be placed on other private property with the permission of the owner or occupant. In no event shall any signs be placed on other property, including public property. No signs shall be erected or displayed more than twenty-four (24) hours before the sale is to begin and such signs shall be removed immediately upon the termination of the sale.

(f) [Removal of sale items.] Items customarily used inside the house may be displayed outside together with items customarily used outside, but all inside items shall be removed from the outside sale area at the end of each business day, and at the end of the sale.

(g) [Exemptions.] The provisions of paragraph (b) notwithstanding, the City Manager shall have the sole discretion to exempt certain civic, charitable, public or nonprofit groups from certain provisions of this section as he alone determines to be proper or appropriate. In order to prevent misunderstanding or abuse, any exemptions from the provisions of this section shall be enumerated in a letter or memorandum from the city manager and acknowledged by signature of the person or persons in charge of the proposed sale. Conformity with all nonexempted provisions of this section shall be required as in other cases.

(h) [Violation, penalty.] Any person violating or failing to comply with the provisions of this section shall, upon a finding of guilt, be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed sixty (60) days, or both. Each day that a violation shall continue shall constitute a separate offense.

(Ord. No. 81-3, §§ 1—8, 5-5-81; Ord. No. 96-10, § 0, 6-4-96; Ord. No. 97-25, § 1, 11-18-97; Ord. No. 2011-08, § 1, 6-21-11)

Editor’s note—

Ord. No. 81-3, §§ 1—8, adopted May 5, 1981, did not specifically amend the Code; therefore, such provisions have been included herein as § 13-36 at the discretion of the editor.