Town Code

Chapter 5.4

§ 5.4.1 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations have the meanings given in this section, or if not defined in this section will be given their ordinary accepted meaning:

Includes all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by Title 16, Land Use and Development Code, 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. The term "auctions" does not include any land or structures customarily used in the auction business and legally established under Title 16, Land Use and Development Code.

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.

§ 5.4.2 Property permitted to be sold.
It is unlawful for any individual to sell or offer for sale under authority granted by this chapter property other than personal property.

§ 5.4.3 Permit required.
No garage sale may be conducted unless and until the individual desiring to conduct such sale obtains a permit from the Police Chief.

§ 5.4.4 Written statement required.
Prior to issuance of any garage sale permit, the individuals conducting such sale must file a written statement with the Chief of Police at least five days in advance of the proposed 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 is to be held; and
D. The date or dates of any other garage sales held by them within the current calendar year.

§ 5.4.5 Permit conditions.
The permit sets forth and restricts the time and location of such garage sale. No more than five such permits may be issued to one residence and/or family household during any calendar year.

§ 5.4.6 Hours of operation.
Such garage sale is limited in time to no more than the daylight hours of three consecutive days. If, however, a sale is not held because of inclement weather on the date for which the permit is issued, the Chief of Police may grant an extension to the applicant for the garage sale to be conducted at the same location for an additional period of time lost to inclement weather.

§ 5.4.7 Pre-permit investigation.
Before issuing a permit, the Chief of Police may conduct an investigation as may reasonably be necessary to determine if there is compliance with this chapter.

§ 5.4.8 Display of permit.
Any permit in possession of the holder or holders of a garage sale is to be posted on the premises in a conspicuous place.

§ 5.4.9 Advertising.
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 are 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 written permission to erect said signs is received from the property owners upon whose property such signs are to be placed. Each sign under this paragraph is to contain the name of the person conducting the sale or the number of the permit granted for the sale.
B. Time limitations. No sign or other form of advertisement may be exhibited for more than two days prior to the day such sale is to commence.
C. Removal of signs. Signs must be removed within 48 hours of the end of the period which the sale is allowed pursuant to the permit.

§ 5.4.10 Parking.
The Police or Fire Department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale as it deems fit.

§ 5.4.11 Persons exempted from chapter.
The provisions of this chapter do not apply to or affect the following:
A. Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officials;
C. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Title 16, Land Use and Development Code or under the protection of the nonconforming use section thereof, or any other sale conducted by a dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited by any other local or state statute or ordinance; and
D. Any bona fide charitable, religious, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for the institution or organization's charitable purposes and the goods or articles are not sold on a consignment basis.

§ 5.4.12 Violations and penalties. 
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.

Editor's Note: Added at time of adoption of Code (see Ch. 1.1, Code Adoption).