Germantown City Zoning Code
CHAPTER 1148
Garage Sales
1148.01 DEFINITIONS.
(a) “Garage sale” shall mean any general casual sale, open to the public and conducted on residential premises, for the purpose of disposing of miscellaneous, primarily used personal property. As used in this section, this definition shall include but is not limited to any sale entitled “garage sale”, “patio sale”, “yard sale”, “carport sale”, “basement sale”, “porch sale”, driveway sale”, or “rummage sale”.
(b) “Person” shall mean and include individuals, partnerships, voluntary associations, and corporations.
(Ord. 12-03. Passed 2-21-12.)
1148.02 PERMITS.
Any person planning to conduct a garage sale in the Municipality shall contact the Municipal Offices at least three days prior to the sale and furnish the following information:
(a) The name of the person conducting the sale.
(b) The address of the premises where the sale is to be conducted.
(c) Number of days of sale.
(d) The dates of any garage sales held on the property within the current calendar year.
(e) Any permit application submitted may be denied by the Municipal Manager if the permit is in violation of any local ordinance or any state law or for any other reason. (Ord. 12-03. Passed 2-21-12.)
1148.03 PROHIBITIONS.
(a) No garage sale shall be conducted on the same property more than two times within a calendar year, with each sale not to exceed three consecutive days.
(b) No garage sale shall be conducted by a person who does not own or lease the premises on which the sale is conducted.
(c) No garage sale shall be conducted prior to 9:00 a.m. or after 8:00 p,.m.
(d) No items for sale, signs, or other materials relating to the sale shall remain in public view after 8:30 p.m. on the last day of the sale.
(Ord. 12-03. Passed 2-21-12.)
1148.04 SIGNS.
(a) Signs not exceeding nine square feet in size may be placed on or off the premises on private property, with permission of the property owner being first obtained.
(b) No sign shall be posted in the public right-of-way, which includes utility poles, traffic lights, street lights, traffic control devices, or tree lawns (the area between the public sidewalk and the street).
(c) No sign shall be placed so as to present a hazard to motorists or pedestrians.
(d) Signs found in the public right-of-way or signs that present a hazard to motorists or pedestrians are subject to removal and disposal by the Municipality.
(Ord. 12-03. Passed 2-21-12.)
1148.05 BLOCK GARAGE SALES.
By submitting the unanimous written consent of all involved property owners on a residential block, a request may be made to the Municipality for permission to hold a “Block Garage Sale”. Each resident participating in such sale shall be included in the information required in Section 1148.02. Block Garage Sales shall meet all requirements of this section.
(Ord. 12-03. Passed 2-21-12.)
1148.06 EXCEPTIONS.
(a) Participation in the Municipality’s annual Community Garage Sale Days shall not be counted toward the maximum number of sales permitted.
(b) Notwithstanding the requirements of Section 1148.03(a), one additional sale per property may be held under each of the following circumstances:
(1) If it is made necessary through the estate or guardian of a resident of the premises, commonly known as an “Estate Sale”.
(2) If the resident is relocating from the premises, commonly known as a “Moving Sale”.
(c) It is not the intent of this section to prohibit sales by nonconforming businesses located in residential zoning districts.
(Ord. 12-03. Passed 2-21-12.)
1148.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor.
(Ord. 12-03. Passed 2-21-12.)