CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 3. GARAGE SALES

The city council finds and declares that:

(a)   The intrusion of non-regulated garage sales is causing annoyance to citizens in residential areas in the city and congestion of the streets.

(b)   The provisions contained in this article are intended to prohibit the infringements of any businesses in any established residential areas by regulating the terms and frequency of garage sales, so as not to disturb or disrupt the residential environment.

(c)   The provisions of this article do not seek control of sales by individuals selling a few of their household or personal items.

(d)   The provisions and prohibitions hereinafter contained are enacted not to prevent but to regulate garage sales for the safety and welfare of the city’s citizens.

(Ord. 675, Sec. 1; Code 2007)

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word shall is always mandatory and not merely directory.

(a)   Garage Sale - shall mean and include all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by the zoning ordinance, for the purposes of disposing of personal property including, but not limited to, all sales entitled garage, lawn, yard, attic, porch, room, backyard, patio, flea market or rummage sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.

(b)   Personal Property - shall mean property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

(Ord. 675, Sec. 1; Code 2007)

It shall be unlawful for any individual to sell or offer for sale, under authority granted by this article, property other than personal property. 

(Ord. 675, Sec. 1; Code 2007)

No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit from the city clerk. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them.

(Ord. 675, Sec. 1; Code 2007)

Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the city clerk, at least five days in advance of the proposed sale, (mailed applications must be postmarked at least seven days in advance of the sale), setting forth the following  information:

(a)   Full name and address of applicant.

(b)   The location at which the proposed garage sale is to be held.

(c)   The date, or dates upon which the sale shall be held.

(d)   The date, or dates of any other garage sales within the current calendar year.

(e)   An affirmative statement that the property to be sold was owned by the applicant as his or her own personal property and was neither acquired or consigned for the purposes of resale.

(Ord. 675, Sec. 1; Code 2007)

There shall be an administrative processing fee of $5.00 for the issuance of such permit.

(Code 2007; Ord. 750; Ord. 848; Code 2015)

The permit shall set forth and restrict the time and location of such garage sale. No more than two such permits may be issued to one residence and/or family household during any calendar year. If members of more than one residence join in requesting a permit then such permit shall be considered as having been issued for each and all of such residences.

(Ord. 675, Sec. 1; Code 2007)

Such garage sales shall be limited in time to no more than the daylight hours of three consecutive days.

(Ord. 675, Sec. 1; Code 2007)

If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the city clerk may issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held.  No additional permit fee is required. 

(Ord. 675, Sec. 1; Code 2007)

Before issuing a permit, the city clerk may conduct an investigation as may reasonably be necessary to determine if there is compliance with this article. 

(Ord. 675, Sec. 1; Code 2007)

Personal property offered for sale may be displayed within the residence, in a garage, carport, driveway, and/or in a rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in the front or side yard areas of any such premises or in any public right-of-way.

(Ord. 675, Sec. 1; Code 2007)

Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public.

(Ord. 675, Sec. 1; Code 2007)

(a)   Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale:

(1)   Two Signs Permitted.  Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.

(2)   Directional Signs. Two signs of not more than two square feet each are permitted provided that the premises upon which the garage sale is conducted is not on a major thoroughfare, and written permission to erect the signs is received from the property owners upon whose property such signs are to be placed.

(3)   Removal of Signs. It shall be the responsibility of the permit holder to remove the signs by the end of the day of the last day of the sale. Any signs picked up by the city will be charged $5.00 per sign to the holder of the permit.

(Ord. 675, Sec. 1; Code 2007)

Any person violating any of the provisions of this chapter shall be fined in an amount not to exceed $500.00 and/or confined to the Butler County Jail for a period of time not to exceed 30 days. 

(Ord. 675, Sec. 1; Code 2007)