Yard Sale Ordinance

§ 12-242 DEFINITIONS.

(a) GARAGE SALE. Includes all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "yard sale", flea market sale", estate sale", or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.

(b) GOODS. Meant to include any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

(c) PERSON. Includes individuals over the age of 18, partnerships, voluntary associations and corporations.

(Ord. 3436, passed 5-24-99)

§ 12-243 PERMITS AND FEES.

(a) It shall be unlawful for any person to conduct a garage sale in the city without first filing with the Clerk the information hereinafter specified and obtaining from such Clerk a license to do so to be known as a "garage sale license." The first license shall cost $12; the fee for the second license shall be $5.

(B) An applicant may request an application for a garage sale license from the City Clerk - office either in person, by mail or by telephone.

(Ord. 3436, passed 5-24-99; Am. Ord. 3475, passed 5-29-01)

§ 12-244 LICENSING.

(a) Such license shall be issued to any one person only twice within a 12-month period and no such license shall be issued for more than four consecutive calendar days. Each license shall allow the "garage sale" between the hours of 8:00 a.m. and 8:00 p.m. on the days that such license is in effect.

(b) Provided however that upon showing that the sale is being conducted to sell items belonging to a recent decedent of the residence where the sale is being held an additional license may be issued during the 12 month period. A certified copy of the death certificate and proof of residency must be provided at the time of application.

(c) Each license issued under this article must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.

(Ord. 3436, passed 5-24-99)

§ 12-245 INFORMATION TO BE FILED.

The information to be filed with the Clerk, pursuant to this article shall be as follows

(a) Name of person, firm, group corporation, association or organization conducting said sale.

(b) Name of owner of the property on which sale is to be conducted, and consent of owner if applicant is other than owner.

(c) Location at which sale is to be conducted.

(d) Number of days of sale.

(e) Date, nature of any past sale.

(f) Relationship or connection applicant may have had with any other person, firm, group, organization, association, or corporation conducting said sale and the date or dates of such sale.

(g) Whether or not applicant has been issued any other vendor - license by any local, state or federal agency.

(h) Sworn statement or affirmation by the person signing that the information therein given is full and true and known by him/her to be so.

(Ord. 3436, passed 5-24-99)

§ 12-246 SIGNS.

(a) Any and all signs advertising said "garage sale" shall not be erected prior to the day preceding the start of the sale. The sign shall comply with § 50-142.7 (5) of the Flint City Code.

(b) If city personnel are required to remove the sign, or the sign is erected prematurely, a $10 serviced charge will be invoiced to the permit holder.

(Ord. 3436, passed 5-24-99)

§ 12-247 PERSONS AND SALE EXCEPTED.

The provisions of this article shall not apply to or affect the following persons or sales

(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 person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.

(Ord. 3436, passed 5-24-99)

§ 12-248 PENALTY.

(a) Any person, association or corporation conducting any such sale without being properly licensed therefor or who shall violate any of the other terms and regulations of this article, shall be guilty of a municipal civil infraction and upon a finding of responsibility shall be fined in the amount of $100.

(b) Each day that sale is conducted without license shall be a separate violation.

(Ord. 3436, passed 5-24-99)

§ 12-249 ENFORCEMENT.

The Flint Police Department and the Department of Public Works code enforcement officers shall have the duty of enforcing the provisions of this article.

(Ord. 3436, passed 5-24-99)

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