Article 2. Garage and Miscellaneous Sales
Contents
3.2.1. Miscellaneous sales permit.
No person or entity shall conduct, hold or transact a miscellaneous sale upon a residentially zoned property, including a garage sale, yard sale, estate sale, rummage sale, etc. within the City without having first obtained a sale-from-residence permit from the city clerk.
(Ord. 379)
3.2.2. Non-seasonal miscellaneous sales.
For all miscellaneous sales other than those limited exclusively to the sale of Christmas trees and decorations, only two sales per calendar year shall be permitted for any address and no more than one sale for any address shall be permitted within any six-month period. Each sale shall be limited to three consecutive days; provided, however, that schools, churches, and nonprofit organizations may conduct such sales with no restriction on the duration of the same when such sale is conducted for the sole benefit of such school, church or nonprofit organization, is conducted on school, church or commercial property, wholly by members of any such entity.
(Ord. 379)
3.2.3. Seasonal miscellaneous sales.
For miscellaneous sales limited exclusively to the sale of Christmas trees and decorations, such sales shall be permitted only during the months of November and December. All such sales shall be conducted only between the hours of 8:00 a.m. and 10:00 p.m. and the site shall be maintained in a clean and orderly condition. All temporary fences, signs, fixtures, structures, material and equipment associated with such sales shall be removed from the site within ten days following the conclusion of the sale.
(Ord. 379)
3.2.4. Enforcement and penalty.
Immediate Closure of Sale. Any sale held in violation of this Article shall be immediately shut down by action of the Chief of Police or the Code Enforcement Officer, or their designee.
Prosecution in Municipal Court. When the Code Enforcement Officer determines that the property owner or lessee has failed to remove and abate the violation within the time set forth in the administrative notice, or has allowed the violation to reoccur within twelve months of the initial notice of violation, the officer may file a complaint in the municipal court of the city against such person alleging a violation of this section. If a complaint is filed against a lessee, a copy of the complaint shall be forwarded to the property owner.
Penalty. When the Code Enforcement Officer determines that the property owner or lessee has failed to remove and abate the violation within the time set forth in the administrative notice, or has allowed the violation to reoccur within twelve months of the initial notice of violation, the officer may file a complaint in the municipal court of the city against such person alleging a violation of this section. If a complaint is filed against a lessee, a copy of the complaint shall be forwarded to the property owner.
3.2.5. Continuing violation.
Each day that any violation of this Article continues shall constitute a separate offense and be punishable hereunder as a separate violation.