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1129 – Bill No. 110 Garage Sale

Bill No. 110                                       Ordinance    1129             

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI REGULATING THE HOLDING OF GARAGE SALES AND THE DISPLAY OF GOODS AT RESIDENCES IN THE CITY LIMITS OF RICH HILL.                                                 

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BE IT ORDAINED by the Board of Aldermen of the City of Rich Hill, Missouri as follows:

Section 1:                   Definitions

  1. Garage Sales-All general sales, open to the public, conducted from or on a residential premise for the purpose of disposing of personal property including but not limited to all sales entitled “garage”, “lawn”, “yard”, “attic”, ‘porch”, “room”, “backyard”, “patio”, “flee market”, or “rummage sale”.
  2. Personal Property-Includes any goods, warehouse merchandise or other property which is owned, utilized or maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence and capable of being the object of sale regulated hereunder.  This shall not include any items specifically purchased for resale or obtained for consignment, farm produce or food items.
  3. Person-Includes individuals, partnerships, voluntary associations, corporations or organization of any kind.

Section 2:                   Maximum Sales

 No more than twelve (12) days of garage sales may be held at any one residence during any calendar year.

Section 3:                   Hours of operation

Each garage sale shall be limited to the daylight hours.  No garage sale shall be conducted more than four (4)consecutive calendar days.

Section 4:                   Permit Required

  1. No garage sale shall be conducted unless and until the person desiring to conduct such sale shall obtain a permit from City Hall. 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.
  2. An applicant for a permit to engage in the operation of a garage sale shall deposit with City Hall a fee of three dollars ($3.00) for the cost of issuance of the permit.  One permit shall be issued for each garage sale held on four (4) or less consecutive days.
  3. The permit shall set forth and restrict the date, time and location of such garage sale, the name and address of the applicant and the dates of any other garage sale conducted at the location within the current calendar year.
  4. 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 5.                    Evidence ofSale

The display of more than three (3) items for sale upon any residential premises or the advertising of such sale upon the premises or in other locations within the city shall create a presumption that such person is conducting a garage sale.

Section 6:                   Persons and sales exempted

The provision of this ordinance shall not apply to or affect the following persons or sales:

  1. Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
  2. Person acting in accordance with their powers and duties as public officials.
  3. Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed three (3) in number.

Section 7:                   Advertising and cleanup

  1. The person responsible for conducting such garage sale shall be responsible for removing any advertising the first day following the conclusion of the garage sale.
  2. All persons who conduct garage sales within the city limits of Rich Hill shall, within twenty-four (24) hours after the conclusion of the garage sale and the time allotted by the permit, clean up all debris, remove all tables and other accessories, and remove any advertising used in connection with said garage sale.
  3. Any sign displayed on any public street or right-of-way must be removed within twenty-four (24) hours after the conclusion or pay a $500.00 fine.

Section 8:                   Penalty of violations

            Any person conducting any such sale without being properly licensed therefore or who shall violate any of the other terms and regulations of this article, shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).  Each day such sale shall continue without being duly licensed shall be considered a separate violation.

Section 10:                 Repealer

           Any ordinance or parts of ordinances that are in conflict with this ordinance are hereby repealed.

This ordinance was read two times and passed this 10th day of July 2001.

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Robert Cope, Mayor

ATTEST:

______________________________

Rose Entrikin, City Clerk

Ayes: Miller Wills, Humble, Lees

Nays: None