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HomeMy Public PortalAboutOrd 379 Auctions, Sales (First Published in the Ark Valley News on the /7 day of O~, 2002.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. :3? 7 AN ORDINANCE REGULATING AUCTIONS, AUCTION SALES AND MISCELLANEOUS SALES WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL AIRE, KANSAS; PROVIDING A PERMITTING PROCESS; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Definitions. 1. "Miscellaneous Sale" means any garage, basement, yard, rummage or other similar sale of six or more miscellaneous items that were originally purchased by the miscellaneous sales applicant for his or her ultimate use or consumption, or any sale limited exclusively to the sale of seasonal items other than fireworks including, but not limited to, Christmas trees and decorations, pumpkins, gourds and decorative corn, by schools, churches or other nonprofit organizations when conducted wholly by members of any such entity on any school, church or nonprofit organization property which is located along a street within the corporate limits of the City of Bel Aire, Kansas. 2. "Permit Fee" means a sum charged to cover the administrative costs of processing an application for a permit, pursuant to a fee schedule enacted by Resolution of the Governing Body of the City of Bel Aire, Kansas. Section 2. Auctions and Auctions Sales. (a) It is unlawful for any person to conduct or carry on any auction or auction sale wherein furniture, household goods or other personal or real property are sold or offered for sale at public auction within the corporate limits of the City of Bel Aire, Kansas without the owner or auctioneer of such furniture, household goods or other 1 personal or real property having first filed with the City Clerk an inventory of such goods to be sold, received a permit from the City Clerk or the City Clerk's designee for the purpose of carrying on such auction or auction sale, complied with all the applicable provisions of this Ordinance and paid the required permit fee. (b) Only one permit to conduct or carryon an auction or auction sale pursuant to this Ordinance may be issued during a twelve (12) month period for any address within the corporate limits of the City of Bel Aire, Kansas. (c) Every applicant for a permit to conduct or carry on any auction or auction sale pursuant to this Ordinance shall execute and file with the City Clerk a good and sufficient bond in the sum of two thousand five hundred dollars with a surety thereon which is a surety company authorized to do business in the state, which bond shall be approved by the City Attorney and shall be conditioned upon faithful observance of all the provisions of the permit and this Ordinances. Said bond shall also indemnify any purchaser at such public auction who suffers any loss by reason of misrepresentation in the sale. The bond shall continue in effect until the expiration of the statute of limitations on all claims secured by the bond. Any purchaser claiming to have been damaged by misrepresentation in the auction sale may maintain an action at law against the person making such misrepresentations and may join as party defendant the surety on the bond as herein provided. (d) No auction or auction sale as permitted by this Ordinance shall be held or open for business between the hours of 6:00 p.m. and 8:00 a.m. of the following morning. (e) At any auction or auction sale as permitted by this Ordinance, no person shall act or employ another to act as a buy bidder, or what is commonly known as a booster, or to make or accept any false or misleading bid or falsely pretend to buy or sell any article sold or offered for sale at any auction. Section 3. Miscellaneous Sales. (a) No person shall conduct or carry on within the corporate limits of the City of Bel Aire, Kansas a miscellaneous sale without having first obtained a permit therefore and paid the required permit fee. (b) 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 2 conducted on school, church or commercial property, wholly by members of any such entity. (c) 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. Section 4. Siqns. Signs advertising any auction, auction sale or miscellaneous sale shall not exceed eight square feet and shall be displayed only on private property the day or days of such sale; provided, however, that signs for Christmas tree sales and other sales by schools, churches and nonprofit organizations may exceed eight square feet in size, up to a maximum of sixty square feet. Section 5. Penaltv. Any person violating any proVIsion of this ordinance shall, upon conviction thereof by the Municipal Court of the City of Bel Aire, be fined in an amount not to exceed five hundred dollars. Section 6. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. 3 Passed by the City Council this 15th day of October, 2002. Approved by the President of Council this 15th day of October, 2002. 1,"- ,:;)\~t.::~r/... ,-..,1 '~ i ' .\ .,~....-:' L.,--ff, I " ~/C ~:j.{~\'~'\""'.J" .'. ! (VIZ./lI. \: \\, '," I I,? \ \ "-" I ": l ~ ~\-~I I '1 \ ~ ~ ~. " . \, t t'.... \ \ " -~ ,#" \ i). '\.. ~', >" ,;;.r' ,,' \ ,) -" A1T, \EST-: ',' \. ~, "" ,D ..' , \'\1 AI ...\' 22~ PR~DENT OF COUNCIL, B. J. BEEMS '~ ,If' ~ CITY CLE K, SHERRYL L. CUTTER 4