07 - GARAGE SALES1
Editor's note— Ord. CS 926, adopted May 29, 2012, in effect repealed the former ch. 17.07, §§ 17.07.010—17.07.130, and enacted a new ch. 17.07 as set out herein. The former ch. 17.07 pertained to similar subject matter and derived from Ord. CS 776, adopted Sep. 27, 1999.
It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially-zoned property; and to curb the evasion of business license fees.
(Ord. CS 926, § 1, 5-29-2012)
For the purpose of this chapter, a "garage sale" means a sale conducted by an individual homeowner or occupant of a home, or apartment owner, or an occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings, or goods, or other tangible personality, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated "lawn sale," "attic sale," "moving sale," "flea market sale," or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said organizations, and, excluding those areas sponsored by bona fide service clubs.
(Ord. CS 926, § 1, 5-29-2012)
Garage sales events conducted at any residential dwelling unit, apartment complex, or residentially zoned property may only be held on the first and third Friday, and/or Saturday, and/or Sunday of each month. The time period for conducting the garage sale shall be between the hours of dawn and 4:00 p.m., including the time for setup and takedown. The driveway, yard area, or other space used for the purposes of the garage sale shall be restored to its normal residential character at the conclusion of the garage sale.
(Ord. CS 926, § 1, 5-29-2012)
Goods offered for sale shall be the personal property of the person conducting the garage sale, or persons participating in the garage sale. All of the goods must be used or secondhand. Selling goods which have been acquired specifically for the purpose of resale is prohibited. The sale of the goods shall not violate any Federal, State, or local laws.
(Ord. CS 926, § 1, 5-29-2012)
Except where an encroachment permit has been issued, the display of personal property offered for sale shall not be displayed on any public right-of-way, including, but not limited to, sidewalks, parkways, streets and/or alleys, or on any other residentially zoned property other than that owned or rented by the person conducting the sale.
(Ord. CS 926, § 1, 5-29-2012)
Garage sale signs shall be consistent with Section 17.69.420 of this Code.
(Ord. CS 926, § 1, 5-29-2012)
Any person violating any of the provisions of this chapter is guilty of an infraction.
(Ord. CS 926, § 1, 5-29-2012)
07 - GARAGE SALES1
Editor's note— Ord. CS 926, adopted May 29, 2012, in effect repealed the former ch. 17.07, §§ 17.07.010—17.07.130, and enacted a new ch. 17.07 as set out herein. The former ch. 17.07 pertained to similar subject matter and derived from Ord. CS 776, adopted Sep. 27, 1999.
It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially-zoned property; and to curb the evasion of business license fees.
(Ord. CS 926, § 1, 5-29-2012)
For the purpose of this chapter, a "garage sale" means a sale conducted by an individual homeowner or occupant of a home, or apartment owner, or an occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings, or goods, or other tangible personality, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated "lawn sale," "attic sale," "moving sale," "flea market sale," or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said organizations, and, excluding those areas sponsored by bona fide service clubs.
(Ord. CS 926, § 1, 5-29-2012)
Garage sales events conducted at any residential dwelling unit, apartment complex, or residentially zoned property may only be held on the first and third Friday, and/or Saturday, and/or Sunday of each month. The time period for conducting the garage sale shall be between the hours of dawn and 4:00 p.m., including the time for setup and takedown. The driveway, yard area, or other space used for the purposes of the garage sale shall be restored to its normal residential character at the conclusion of the garage sale.
(Ord. CS 926, § 1, 5-29-2012)
Goods offered for sale shall be the personal property of the person conducting the garage sale, or persons participating in the garage sale. All of the goods must be used or secondhand. Selling goods which have been acquired specifically for the purpose of resale is prohibited. The sale of the goods shall not violate any Federal, State, or local laws.
(Ord. CS 926, § 1, 5-29-2012)
Except where an encroachment permit has been issued, the display of personal property offered for sale shall not be displayed on any public right-of-way, including, but not limited to, sidewalks, parkways, streets and/or alleys, or on any other residentially zoned property other than that owned or rented by the person conducting the sale.
(Ord. CS 926, § 1, 5-29-2012)
Garage sale signs shall be consistent with Section 17.69.420 of this Code.
(Ord. CS 926, § 1, 5-29-2012)
Any person violating any of the provisions of this chapter is guilty of an infraction.
(Ord. CS 926, § 1, 5-29-2012)