Yard Sales - Ordinance No. 102

Yard Sale Permit Application
5.20.010 Definitions	5.20.020 Permit Requirements
5.20.030 Permit Fee	5.20.040 Exemptions
Frequency and Hours	Sworn Statement That Personal Property Only is to be Sold
Display of Goods	Signs
Enforcement	Violation-Penalty

5.20.010 Definitions
As used in this chapter, "yard sale," "rummage sale" and "garage sale" are synonymous and, for the purpose of this chapter, mean any event which is advertised by any means whatsoever as a place or location to which members of the public may come and purchase identifiable or tangible personal property; provided, however, they shall not mean any such event which constitutes a sales activity; wholesale or retail, by any business which has a current business license issued by the city. (Ord. 102 § 1, 1992)

5.20.020 Permit Requirements
The first yard sale conducted or carried on within the city by any person, firm or corporation within any calendar year shall be exempt from the requirement of a permit. However, a permit shall be required for the second and each subsequent yard sale conducted with-in any calendar year. (Ord. 102 § 2, 1992)

5.20.030 Permit Fee
The fee for such permit shall be set by resolution. (Ord. 102 § 3, 1992) First permit is free, subsequent permits up to four (4) are $2.50 each.

5.20.040 Exemptions
The provisions of this chapter shall not apply to sales of personal property made under court order or process. (Ord. 102 § 4, 1992)

5.20.050 Frequency and Hours
An individual or household shall be limited to four such sales per calendar year and each sale shall be limited to three consecutive days. There shall be no consecutive sales. Such sales may be conducted only between the hours of eight a.m. and eight (8) p.m. (Ord. 102 § 5, 1992)

5.20.060 Sworn Statement That Personal Property Only is to be Sold
Before a permit may be issued a sworn statement must be filed with the collector stating that all property to be sold is the applicant's own personal property and has not been acquired or consigned to him for the purpose of resale. if the occupant of the premises is selling another's property, said property owner must also sign a sworn statement stating that it is his own personal property. (Ord. 102 § 6, 1992)

5.20.070 Display of Goods
Sale goods may not be displayed in the public right-of-way, and all sale goods shall be arranged so that fire safety service and other officials may have access for inspection at all times during the sale. Sale goods may only be displayed on the days of and between the hours of sales as provided in this chapter. (Ord. 102 § 7, 1992)

5.20.080 Signs
No other signs shall be permitted, except one double faced sign, not to exceed six square feet in area and the maximum height shall be five feet. Such sign shall have a maximum height of four feet when placed within the front yard or side yard setback area. The sign shall be permitted only on the property where such sale is located. Such sign may be posted twenty-four (24) hours prior to the sale and must be removed immediately following sale. (Ord. 102 § 8, 1992)

5.20.090 Enforcement
The collector is authorized and directed to enforce the provisions of this chapter. He/she may delegate his/her powers and duties to assistants and safety personnel as may be warranted. (Ord. 102 § 9, 1992)

5.20.100 Violation-Penalty
Any person violating any of the provisions of this chapter shall be guilty of an infraction and upon a first conviction thereof shall be punished by a fine. For second and third convictions, additional fines will be added. The amount of the fines will be as set forth by resolution. (Ord. 102 § 10, 1992) First conviction $25, second conviction $50, and subsequent convictions $200 each.