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HomeMy WebLinkAbout1996-090 - Regulation of Personal Property Sales in Residential Zoning DistrictsBILL NO. 96-90 ORDINANCE N0. 96-9Q AN ORDINANCE REGULATING PERSONAL PROPERTY SALES IN RESIDENTIAL ZONING DISTRICTS; DEFINING GARAGE SALES; REQUIRING A PERMIT, AND THE FILING OF AN APPLICATION STATEMENT BY THE INDIVIDUAL HOLDING SUCH SALE; LIMITING THE NUMBER OF GARAGE SALES PER YEAR; LIMITING THE HOURS AND DURATION OF SALE; REGULATING DISPLAY OF SALE PROPERTY; PROVIDING FOR ADVERTISING AND SIGN RESTRICTIONS; GRANTING THE CITY INSPECTION RIGHTS TO THE PREMISES; REGULATING PARKING'; PROVIDING FOR PENALTIES FOR VIOLATION. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. DEFINITIONS: For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein: 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", "attic", "porch", "room", "backyard", "patio", "flea market", "rummage", or "moving sale". b) Residential Premise: shall mean a building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings. c) Personal Property: shall mean property which is owned, utilized and maintained by any individual or members of his/her residence and acquired in the normal course of living in, or maintaining a residence, but not including motor vehicles. It does not include merchandise which was purchased for resale or obtained on consignment. d) Person: shall mean any person, firm, partnership, association, organization or corporation of any kind. SECTION 2. PERMIT REQUIRED No garage sale shall be conducted unless and until the person desiring to conduct such sales shall obtain a permit therefor from the City Clerk. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them, however, individuals or more than one residence joining together to conduct concurrent garage sales must obtain a garage sale permit for each residence. SECTION 3. WRITTEN APPLICATION REQUIRED Prior to the issuance of any garage sale permit, the person conducting such sale shall file a written application which may be obtained from the City Clerk during regular business hours. Persons may request the City Clerk to mail application forms. The written application shall set forth the following information: a) Full name and address of each applicant or applicants if multiple residence 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 held by the applicant in the current calendar year. e) An affirmative statement that the property to be sold was owned by the applicant at his own personal property and was neither acquired or consigned for the purposes of resale. f) An affirmative statement that the applicant agrees to abide by all City of Riverside ordinances in conjunction with the operation of the Garage Sale. SECTION 4. NUMBER OF SALES ALLOWED AND PERMIT CONDITIONS The permit shall set forth and restrict the time and location of such garage sale. No more than two such permits may be issued to one residential premise during any calendar year. The applicant agrees to abide by all City of Riverside Ordinances in conjunction with the operation of the garage sale. SECTION 5. HOURS OF OPERATION Each garage sale shall be limited to no more than the daylight hours of three (3) consecutive days. SECTION 6. EXCEPTIONS a) A SALE NOT HELD BECAUSE OF INCLEMENT WEATHER. If a garage sale is not held on the day for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the City Clerk may issue another permit to the applicant for a garage sale to be conducted at the same location within thirty (30) days from the date when the first sale was to be held. b) THIRD SALE PERMITTED. A third garage sale shall be permitted in a calendar year if satisfactory proof of a bonafide change in ownership of the real property is first presented to the City Clerk. SECTION 7. INVESTIGATION The Department of Public Safety may conduct an investigation as may reasonably be necessary to determine if there is compliance with this ordinance. SECTION 8. DISPLAY OF SALE PROPERTY Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or yard, but only such areas. No personal property offered for sale at a garage sale shall be displayed in any public street or right-of-way. SECTION 9. DISPLAY OF PERMIT Any permit in possession of the holder of a garage sale shall be posted on the premises during the time the sale is conducted in a conspicuous place visible to the public. SECTION 10. PROPERTY PERMITTED TO BE SOLD It shall be unlawful for any person to sell goods at a garage sale that have been purchased for resale; or to sell goods accepted or taken in for sale from any commercial business or enterprise on a consignment basis, or to sell goods not accumulated in ordinary dwelling usage. SECTION 11. ADVERTISING a) Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale: 1) On-Site Signs permitted. Two (2) signs of not more than four (4) square feet each shall be permitted to be displayed on the property of the residence where the garage sale is being conducted. 2) Off-Site Signs permitted. Two (2) signs of nor more than four (4) square feet each are permitted provided that permission to erect such signs is received from the property owners upon whose property such signs are to be placed. Signs may be erected in the right-of-way providing that the sign is placed seven (7) feet from the curb or edge of the street pavement and the height of the sign does not impede traffic visibility. 3) Institutional, Organizational On-Site Signs permitted. One (12) sign of not more than four (4) feet by eight (8) feet or a cumulative total of sixty-four (64) square feet shall be permitted to be displayed on the property of the organization where the garage sale is being conducted. 4) Prohibited Signs. NO signs shall a erected, placed, posted or otherwise displayed on any public property, including street signs, and posts, traffic signs and posts, or upon public utility pole or street light standard. b) Time Limitations. Such Signs shall not be erected sooner than twelve (12) hours prior to the time and date of the sale. Signs must be removed at the close of the garage sale activities. c) Removal of Signs. The person responsible for conducting such garage sale shall be responsible for removing any such sign. d) Violation. Persons responsible for non conforming signs or signs not placed in accordance with this ordinance may be subject to penalties pursuant to Section 18 of this ordinance. No conforming signs or signs not placed in accordance with this ordinance shall be removed by City employees. SECTION 12. PUBLIC NUISANCE The person to whom such permit is issued and the owner or tenant of the premises upon 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 person shall permit any loud 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 City employee designated by the City Administrator of the City of Riverside in order to maintain the public health, safety and welfare. SECTION 13. INSPECTION A Public Safety Officer, Code Enforcement Officer or any other official designated by any City ordinance to make inspections pursuant to a 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 cite any individual who violates the provisions of this ordinance. SECTION 14. PARKING All parking of vehicles shall be conducted in compliance with all applicable laws and ordinance. Further, the Public Safety Department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale. SECTION 15. REVOCATION AND REFUSAL OF PERMIT a) False information. Any permit issued under this ordinance may be revoked or any application for issuance of a permit may be refused by the City Clerk if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement. b) Conviction of Violation. If any person is convicted of an offense under this ordinance the City Clerk is instructed to cancel any existing garage sale permit held by the person convicted and not to issue such person another garage sale permit for a period of one (1) year from the time of conviction. SECTION 16. PENALTY It shall be unlawful for any person to violate any of the provisions of this ordinance. Upon conviction thereof, such person shall be punished by a fine not exceeding $500.00 or be punished by incarceration for a period not to exceed ninety (90) days, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this ordinance shall constitute a separate and distinct offense. PASSED THIS o~~(/ ~ DAY OF AUGUST, ]x.96._ /> ~ yor Ed Rule ATTEST: ~` ~~ .i~.G~(J ^ ~~ Grace Kemerli .--City C1 rk APPROVED THIS oC(/ ~ DAY OF T, 156 . ayor Ed Rule GARAGE SALE PERMIT City of Riverside, Missouri (816) 741-3993 Dates of Sale• to (3 consecutive days maximum) Type of Sale: Individual Sale Neighborhood Sale Institutional Sale Address of Sale Name: Applicant's phone: The applicant agrees to abide by the Garage Sale ordinance and limit the placement of signs to the following: 1. No sign on the public right-of-way closer than seven (7) feet from the back of the curb or edge of paved surface. No signs on telephone poles, attached to street signs, trees, or on park properties. 2. No sign over the size limit of four (4) square feet, (2x2)=4 sq. ft. 3. No more than a total of four (4) signs, two (2) at the sale location and two (2) off site, directional signs.* *Please remember, permission must be granted by the property owner or occupant of the adjoining property where the sign is placed. Applicant is limited to two (2) permits per year; the participation in a neighborhood sale must be charged against one property owner in the neighborhood. Each individual involved in a neighborhood or group sale must complete and sign form. Participation in the city-wide Garage Sale will not count against any indivdual's permit limit of two (2) per year. The applicant affirms that the items being sold are the personal items of the applicant and in no way were acquired or assigned to the applicant for the purpose of resale. The applicant has read and understands the Riverside Garage Sale Ordinance (Or. No. 96-90) and further agrees to abide by all City of Riverside ordinances in conjunction with the permitted sale. Signature of Applicant Date City Official Date Granted