Chapter 721: Garage Sales


Cross references

  • Fraud - see GEN. OFF. 545.05

721.01   Definitions

For the purposes of this chapter, certain words are defined as follows:

  1. (a) “Person” means individuals, associations of individuals, partnerships or corporations who or which conduct sales for a commission or other remuneration.

  2. (b) “Public sale” means any sale and delivery or offer of sale and delivery of any household furniture, furnishings, equipment, goods, wares or merchandise from, in, about or upon any premises, property or residence zoned for residential use within this Municipality to which the general public is invited pursuant to any advertisement or notice by newspaper, mail or individual flyer or otherwise.

  3. (c) “Garage sale” means a sale of household goods, equipment, utensils, appliances, personal clothing or effects, or other similar personal property including such sales commonly termed “basement sales”, “house sales” or “lawn sales”.
    (Ord. 1981-3. Passed 3-9-81.)

721.02   License required

No person shall conduct, hold or permit a public sale or garage sale within a residential district of this Municipality without having an unrevoked valid license from the Village for such purpose, in effect at the time, and issued pursuant to the provisions of this chapter.
(Ord. 1981-3. Passed 3-9-81.)

721.03   Application and issuance

Licenses shall be issued by the Chief Administrative Officer or a person acting and authorized to act on his behalf upon the applicants complying with the following provisions, giving:

  1. (a) His name and permanent address;

  2. (b) The name and address of all persons who will be associated or engaged in such public sale.

  3. (c) The name and address of the party for whom the sale is being held.
    (Ord. 1981-3. Passed 3-9-81.)

721.04   License effective period

  1. (a) Licenses shall be valid only for the period of the sale indicated thereon, not to exceed three consecutive days.

  2. (b) No more than one sale per year shall be permitted at the same location.
    (Ord. 1981-3. Passed 3-9-81.)

721.05   Display of license upon demand

Every person licensed under this chapter shall have his license in his possession at all times when conducting a public sale within a residential district of this Village and shall display the same upon demand of any police officer of the Village and upon demand of any person who attends such public sale.
(Ord. 1981-3. Passed 3-9-81.)

721.06   Sale hours

No person shall conduct a public sale or garage sale, before 9:00 a.m. of any day or after 9:00 p.m. of any day.
(Ord. 1981-3. Passed 3-9-81.)

721.07   License revocation

A license issued pursuant to this chapter may be revoked by the Chief Administrative Officer, after notice and hearing, for any of the following reasons:

  1. (a) Fraud, misrepresentation or any false statement made to the Police Department in furnishing the information required by Section 721.03.

  2. (b) Fraud, misrepresentation or any false statement contained in the application for a license.

  3. (c) A conviction of the licensee for violation of any provisions of this chapter.

  4. (d) Conviction of the licensee of any felony or crime involving moral turpitude.

  5. (e) Conducting a public sale in any unlawful manner or in such manner as to constitute a breach of the peace.
    (Ord. 1981-3. Passed 3-9-81.)

721.08   Exceptions

This chapter shall not apply to any public sale conducted solely for, on or behalf of any charitable, educational or religious institution when the person or persons conducting such sale receive no compensation therefor as to fees required.
(Ord. 1981-3. Passed 3-9-81.)

721.99   Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor. A separate offense shall be deemed committed upon each day during or on which the violation occurs or continues.
(Ord. 1981-3. Passed 3-9-81.)