ORDINANCE NO 2006-9
THIS ORDINANCE SHALL PERMIT THE SALE OF SECONDHAND, USED OR SURPLUS PERSONAL PROPERTY WITHIN THE CITY OF OZARK UNDER SUCH TERMS AND CONDITIONS AS HEREIN SET FORTH; TO PROVIDE DEFINITIONS FOR CLARITY, TO PROVIDE FOR THE ISSUANCE OF A PERMIT AND A FEE THEREFORE AND TO PROVIDE A PENALTY FORTHE VIOLATION OF THE ORDINANCE.
BE IT ORDAINED by the City Council of the City of Ozark, Alabama as follows:
Section 1. Authorization and Definition.
Yard Sales are permitted within the municipal limits of the City of Ozark under certain terms and conditions as herein set forth. The term “Yard Sale” means and includes such terms as Garage Sale, Basement Sale, Carport Sale, Moving Sale, Rummage Sale, Flea Market Sale or any other type of residential sale of tangible personal property, such as, but not limited to, household items, clothing, tools, toys, recreation equipment or other used or secondhand items normally found in and about the home and advertised to the public.
Section 2. Permit.
A permit shall be required for any person(s) conducting a yard sale. The permit must be procured prior to the commencement of the sale and may be obtained in the office of the City Clerk. The Clerk is authorized to prepare a permit application form which shall include all pertinent information necessary to identify the sale site, the applicants, and the date and time for the permitted sale and shall contain such other information as the Clerk deems appropriate. The permit application shall not require the disclosure of the applicant’s social security number.
There shall be no charge for the permit.
Section 3. Conditions of Conducting the Sale.
a. A property location may not be permitted for a yard sale more than twice in a calendar year. The property location shall be identified as the post office address assigned thereto and shall include the dwelling or any part thereof, yard, open field, barn, accessory building and parking area.
b. A sale may be conducted by a single person, multiple persons, churches, social, civic or charitable organizations. All items to be sold must originate as the legal property of the applicant, other persons participating in the sale or members of the organizations. Goods must be surplus to the needs of the owner and shall not include any items purchased new for resale at the yard sale.
c. A permitted yard sale shall be limited to three consecutive days of operation and must be conducted during daylight hours only.
d. Yard sales may be conducted on private property or public property with permission and provided no merchandise shall be placed upon public rights-of-way, including streets and sidewalks. All merchandise must be displayed a sufficient distance from public roadways in order to avoid obstruction of view or traffic hazards.
e. All unsold yard sale merchandise remaining on the permitted site at the conclusion of the sale must be removed therefrom immediately. Merchandise sold to purchasers must be removed from the permitted sale site within 24 hours of the conclusion of the sale.
f. The issuance of a yard sale permit shall signify the consent and permission for personnel of the City of Ozark, including law enforcement officers, to enter the permitted sale site to monitor, inspect and determine compliance with this Ordinance.
Section 4. Advertising of Yard Sales.
A yard sale may be advertised to the public by means of newspapers, radio, television, cablevision, handbills and signs. In the event an applicant chooses to advertise a permitted yard sale by means of signage or handbills, the following restrictions shall apply, to wit:
a. No more than two signs may be placed upon the permitted property.
b. Signs and handbills cannot be placed on utility poles, public property including rights-of-way, nor may signs be placed on private property which is not the permitted site. Handbills may be posted on private bulletin boards or inside places of business with the consent of the owner.
c. A sign is limited to four square feet or less and shall not be illuminated or animated.
d. A sign may not be displayed more than one day prior to the commencement date of the sale and must be removed immediately following the conclusion of the sale.
Section 5. Exceptions.
This ordinance shall not apply to or affect the following persons or sales:
(a) Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(b) Persons acting in accordance with their powers and duties as public officials or as court appointed personnel representatives of estates.
(c) Persons selling or advertising for sale an item of personal property which is specifically named or described in the advertisement and which separate items do not exceed ten in number.
(d) Persons moving and relocating outside the City of Ozark, provided such sale is limited to one week and must be conducted no earlier than one month prior to departure.
(e) Sales conducted by bona fide civic or charitable organizations where the net proceeds are distributed to charity, public purposes or community goals or projects.
Section 6. Penalty.
Any person conducting a yard sale without being properly permitted or who should violate any of the other terms and regulations contained in this ordinance shall upon conviction be guilty of constitute a Class C Misdemeanor and may be punished, by a fine not less than $15.00 nor more than $500.00 at the discretion of the Municipal Judge.
Section 7. Effective Date.
After publication as required by law, this ordinance shall become effective September 1, 2006.
APPROVED AND ADOPTED by the City Council of the City of Ozark, Alabama, the 18th of July, 2006.
MARILYN M. TAMPLIN
WILLIAM E. BLACKWELL