§ 8-2 — Yard sales

Sec. 8-2. - Yard sales.

(a) Definitions. Estate sale is the sale of the personal property of a deceased person that takes place at the location of such personal property or at the former residence of the deceased person. Person shall mean any individual, corporation, partnership, limited liability company, association of individuals and other similar entities or groups. Yard sale is the sale of a person's personal property that is conducted in or on the premises of a residence or in or on the premises of a business or industry when such business or industry does not have a privilege license for such sale. The term shall include but not be limited to garage sales, patio sales, rummage sales, yard sales, or other similar sales. "Yard sale" shall not include an estate sale, the sale of lawn mowers, or the sale of motorized vehicles including but not limited to cars, trucks, SUVs, golf carts, three-wheelers and four-wheelers. (b) Yard sale regulations. (1) No person shall hold, manage, or allow a yard sale within the city limits of the city, without first obtaining a permit therefor from the city clerk. No person shall obtain more than one (1) permit within a period of ninety (90) days after the issuance of the first permit. The permit shall be valid for a period of three (3) days. The fee for the permit shall be the sum of five dollars ($5.00) for a location that is zoned residential and twenty dollars ($20.00) at a commercially zoned location. There shall be no permit fee for a church or charitable organization. If the yard sale cannot be held on the date(s) as provided in the permit due to inclement weather, the permit may be renewed for a new date(s) for no additional fee. (2) No person shall conduct a yard sale for a period of time of more than three (3) consecutive days and no yard sale shall be conducted before 6:30 a.m. or after 5:00 p.m. (3) No more one (1) sign relative to the yard sale shall be posted. It shall only be placed at the location of the sale. No off-premise signs shall be allowed. All signs that are posted shall be removed no later than the day following the conclusion of the yard sale. Signs shall be no larger than eight (8) square feet. No sign shall be put up more than three (3) days before the date of the yard sale. (4) Any yard sale that is conducted on property not owned by the person conducting such sale shall require the written permission of the owner of the property on which the sale is to be conducted. This written permission must be submitted to the city clerk before a permit shall be issued. (c) Penalty for violation. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined twenty-five dollars ($25.00) for the first violation; fifty dollars ($50.00) for the second violation; and seventy-five dollars ($75.00) for the third violation. Each day that a violation occurs shall constitute a separate violation. Conviction includes the judgement of the court, a guilty plea and plea of nolo contendere.

(Ord. No. 2007-03-680, §§ 1—3, 3-15-07; Ord. No. 2007-07-685, §§ 1—3, 7-17-07; Ord. No. 2019-10-867, §§ 1—3, 10-15-19)