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Included within the terms of this Article, and heretofore referred to as “yard sales”, is any display of merchandise for the purpose of exchanging it for legal tender or barter at a location not otherwise regularly used or specifically designated for the sale or exchange of merchandise. Events commonly known as “garage sales”, “tailgate sales”, “flea markets”, “house sales”, “moving sales”, etc., shall be defined as yard sales under the provisions of this Article.
No person or persons shall offer for sale any merchandise, or permit the use of his or her property, in conjunction with a yard sale without first obtaining a permit therefor at least one (1) day in advance of the first day of the yard sale. The provisions of this Section shall not apply to bankruptcy, estate or other sales under judicial process, licensed and authorized auctions and sales conducted at or by organizations affiliated with churches, schools, federal, state, city, county and township government units provided that those organizations are non-profit, religious, civic and/or charitable in nature.
The Administrative Official is authorized to issue a “Yard Sale Permit” as required by this Article to any resident person upon request provided the permit be completed to include the name and address of the applicant, and the duration and the location of the yard sale. Permit shall be posted at site of sale.
One sign may be posted away from the location of the sale no sooner than 5:00 P.M. on the day prior to the sale. Sign may be up to four (4) square feet in area containing name, address and signature of permit holder. Such signs shall not be located on private property without consent of the property owner. Signs may not be attached to utility poles, traffic signals, street signs or other safety control objects. All signs shall be removed within twenty-four (24) hours of the conclusion of the sale by the applicant.
(A) Yard sales shall be restricted to residential and non-commercial districts under Chapter 14, Article II of the Revised Code, unless otherwise approved by City staff.
(B) Yard sales conducted by and for the benefit of non-profit organizations may be held in zoning districts other than residential and non-commercial.
(A) No yard sale shall be conducted for a period greater than three (3) successive calendar days.
(B) Yard sales shall be conducted with the period between sunrise and sunset.
(A) Yard sales shall be held no more than three (3) times within the same calendar year at the same location.
(B) Yard sales shall be held no sooner than thirty (30) days subsequent to the close of a yard sale at the same location.
Prohibited from such merchandise to be sold at yard sales shall be alcoholic beverages, firearms, firearm ammunition, materials determined by the City Code as obscene, animals, or any other merchandise of which sale without proper licensing or authorization from state or local authorities is unlawful.
Prohibited at the location of any yard sale are loud speakers, amplifiers, and signs defined as “prohibited” under Section 14-7-7 of this Code
Any person who violates any provision on this Article, shall, upon conviction, be fined One Hundred Dollars ($100).(Ord. No. 1011-00; 08-01-00) [Supplement No. 52; 02-01-01]
By electronically signing this form, I hereby agree to abide by all of the provisions of City of Fairview Heights Ordinance #1706-2015
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