This Ordinance shall be known and cited as the "Porter Township Rummage Sale Ordinance."

All rummage, garage, carport, yard sales or similar sales shall be subject to the requirements and restrictions of this Ordinance.

A permit under this Section shall be issued only upon receipt of an application made to the Township Clerk and a fee of $2.00.

A permit shall be obtained from the Township Clerk for any sale under this Ordinance. No more than two (2) permits shall be issued to the same person or for the same location in any 12-month period.

There shall be only one (1) advertising sign which shall not exceed six (6) square feet in area. Sign shall be located on the property where the sale is conducted, and no sign shall be located within a public street or right-of-way. Any advertising sign erected pursuant to this Ordinance may be erected no more than seven (7) days prior to the sale date, and must be removed no later than the date immediately following the last sale date.

All sales shall be confined primarily to a covered carport, garage building, or enclosed structure; if no structure is available to the property owner, then all sales must be confined to a clearly delineated area not to exceed 6,000 square feet.

No sale shall be conducted for a period greater than three (3) consecutive days.

Rummage sales by established churches, lake associations, 4-H groups, Grange associations, or established civic or nonprofit association, etc., are excluded from this ordinance.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Wherever the requirements of any other lawfully adopted rule, regulation or ordinance, the most restrictive or that imposing the higher standards shall govern.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person must file a written complaint, and such a complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator, who shall record properly such complaint, investigate and take action thereon as provided by this ordinance, and make an answer to the complaint.

PENALTY. Any violation of or any failure to comply with the provisions of this Ordinance shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days or both. Each day that a violation of this Ordinance is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this Section provided no person shall be imprisoned for a single but continuing violation of this Ordinance for a period of longer than 90 days.

In addition to the criminal sanctions herein provided, the Porter Township Board, after resolution duly adopted, shall have the authority to proceed in any Court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate civil proceedings to prevent, enjoin, abate, or remove any violation of this Ordinance.

In addition to any and all remedies set forth in Porter Township Ordinances, the Township may request the cost of prosecution, the cost of recovery, and the cost of removal shall become a special assessment on the property upon which is the subject matter of the action.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or part thereof other than the part so declared to be unconstitutional or invalid.