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Home My Public Portal About127-1984 - STRICKEN - ORDINANCE REGULATING PERSONAL PROPERTY SALED IN RESIDENTIAL ZONING DISTRICTSORDINANCE NO. 127-1984 AN ORDINANCE REGULATING PERSONAL PROPERTY SALES IN RESIDENTIAL ZONING DISTRICTS; DEFINING GARAGE SALES; REQUIRING A PERMIT AND THE FILING OF A WRITTEN STATEMENT BY THE INDIVIDUAL HOLDING SUCH SALE; ESTAB- LISHING A PERMIT FEE THEREFORE; LIMITING THE NUMBER OF GARAGE SALES PER YEAR; LIMITING THE HOURS AND DURATION OF SALE; REGULATING DISPLAY OF SALE PROPERTY; PRO- VIDING FOR ADVERTISING AND SIGN RESTRICTIONS; GRANTING THE CITY INSPECTION RIGHTS TO THE PREMISES; REGULATING PARKING; NOTING CERTAIN PERSONS OR SALES EXEMPTED FROM THE TERMS OF THIS ORDINANCE; AND PROVIDING THE PENALTIES. WHEREAS, The intrusion of non -regulated garage sales is causing annoyance to citizens in residential areas in the City of Richmond, Indiana, and congestion of the streets in residential areas in the City of Richmond, Indiana; and WHEREAS, The provisions contained in this Ordinance are intended to prohibit the infringement of any businesses in any established residential areas by regulating the term and frequency of garage sales, so as not to disturb or disrupt the residential environment of the area; and WHEREAS, The provisions and prohibitions hereinafter contained are enacted not to prevent but to regulate garage sales for the safety and welfare of the City's citizens. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, that: SECTION 1. DEFINITIONS'. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory. (a) GARAGE SALE shall mean and include all general sales, open to the public, conducted from or on a residential premise in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage", "lawn", 1°yard","attic", "porch", "room", "backyard", "patio", "flea market", or "rummage" sale. (b) PERSONAL PROPERTY shall mean 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. - 2 - SECTION 2. PROHIBITIONS. (a) No person, firm, or corporation shall conduct a garage sale within the City of Richmond, Indiana, without first obtaining a permit from the City Clerk. (b) No person, firm or corporation who has obtained such a permit shall violate the rules and regulations as provided within this Ordinance. (c) No garage sale shall be conducted by more than one resident unless all participating parties obtain a permit. (d) No garage sale shall be conducted by the same resident, or member of his or her family and/or on the same residential property more than once each calendar quarter (i.e., January 1 to April 1, April 1 to July 1, July 1 to October 1, October 1 to December 31). (e) No garage sale shall last more than four consec- utive days. No home sale shall be commenced earlier than 9:00 AM nor shall such sale last later than 8:00 PM. (f) No signs may be posted on public or private property advising the public of such sale except on the premises of the sale and all signs must be removed within four hours after the termination of the sale. No resident shall post more than three signs per street front on the lot on which the sale is located. Such garage sale sign shall not exceed 16 square feet in area which shall advertise the garage sale. Such sign shall not be illuminated or animated. (g) No garage sale shall offer any merchandise for sale that has been purchased by the resident for purposes of re -sale at such garage sale. Any new merchandise offered for sale shall be prima facie evidence as merchandise purchased by the resident for re -sale at such garage sale. SECTION 3. PERMIT REQUIRED. No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefore from the City Clerk and such permit shall be obtained within a thirty day period prior to the beginning of such sale. The fee for each such permit shall be five dollars ($5.00). SECTION 4. WRITTEN STATEMENT REQUIRED. Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the City Clerk 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 shall be held. (d) The date, or dates of any other garage sales within the current calendar year. - 3 - (e) An affirmative statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired or consigned for the purposes of resAle. SECTION 5. DISPLAY PERMIT. Every licensee conducting a garage sale shall keep posted in a prominent place, upon the licensed premises, the permit certificate and shall exhibit same upon request. SECTION 6. PUBLIC NUISANCE. The individual to whom such permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the police or fire departments of the City of Richmond, Indiana in order to maintain the public health, safety and welfare. SECTION 7. INSPECTION. Arrest Authority of Inspector. A police officer or any other official designated by any City ordinance to make inspections under the licensing or regulating ordinance or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest any individual who violates the provisions of this Ordinance. SECTION 8. PARKING. All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the police department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale. SECTION 9. REVOCATION AND REFUSAL OF PERMIT. False Information. Any permit issued under this Ordinance may be revoked or any application for issuance of a permit may be refused by the appropriate City official if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement. SECTION 10. PENALTIES. The following schedule of fines is hereby established: (a) Sale without permit $25.00 (b) Permit violation $25.00 (c) Other sale without permit $25.00 (d) Violation of number of sales $25.00 (e) Violation of time of sale $20.00 (f) Sign violation $20.00 (g) New merchandise for sale $25.00 (h) Failure to display license $20.00 (i) Permitting public nuisance $20.00 (j) Failure to permit inspection $25.00 Enforcement of this ordinance shall be by any police officer of the City or any other inspector authorized by the Board of Public Works and Safety. Failure to remit fine within ten,(10) days shall result in issue of summons for said violation in the proper court of jurisdiction. -4 SECTION 11. SEPARABILITY. If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1984. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of , 1984. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of.the City of Richmond, Indiana this day of 1984. ayor ATTEST: City Clerk. CITY OF RICHMOND �F WC ti �0 50 NORTH FIFTH STREET u D RICHMOND, INDIANA 47374 * fl�'tlliq* TELEPHONE (317) 966-5561 OIA14 October 15, 1904 MEMBERS OF THE COMMON COUNCIL BE: GARAGE SALE ORDINANCE Dear Members, FRANK K WALTERMANN MAYOR KENNETH E. BARDEN CITY ATTORNEY You may want to consider incorporating the following two items into the garage sale ordinance: 11 requiring a permit and limiting the number of vehicles that may be sold by a person in a residential area; 2) requiring a permit for fruit and uegetable vendors under this ordinnnce rather than under a separate ordinance. Please advise this office of your comments Sincerely, .'4� —90,4� Kenneth E. Barden City Ottorney KEB1bd cc: Planning Department Mayor File