HomeMy WebLinkAboutO-91-28ORDINANCE NO.: 0-91-28
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
THE REGULATION OF GARAGE SALES; PROVIDING DEFINITIONS;
SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER
32; REQUIRING PERMIT; PROVIDING PERMIT APPLICATION
PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT
CONDITIONS AND RESTRICTIONS; REQUIRING DISPLAY OF
PERMIT; REGULATING PROPERTY PERMITTED TO BE SOLD;
REGULATING HOURS OF OPERATION; REGULATING WHERE
PROPERTY MAY BE DISPLAYED AND SOLD; REQUIRING CONTROL
OF PARKING; IMPOSING RESPONSIBILITY FOR CONDUCT OF
SALE; PROVIDING REGULATIONS GOVERNING THE NUMBER,
LOCATION, SIZE AND DURATION OF SIGNS ADVERTISING SALE;
PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida, may lawfully regulate sales of personal property taking
place in residential areas, commonly known as "garage sales"; and
WHEREAS, the City Council of the City of Sebastian has
determined that unregulated garage sales cause congestion of
streets in residential areas of the City, disturb the peace and
quiet enjoyment of residential areas, cause annoyance to citizens
of the City and compete with licensed businesses lawfully engaged
in the sale of personal property within the City; and
WHEREAS, the City Council has determined that in order %0
prevent these problems, garage sales must be regulated; and
WHEREAS, the establishment of a garage sales code is
necessary in order to better promote and protect the health,
safety, welfare and prosperity of the public and citizens of the
City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The Code of Ordinances of the City of Sebastian,
Florida, is hereby amended to create Chapter 32 to read as
follows:
"CHAPTER 32
GARAGE SALES
Sec. 32-1. Definitions.
(a) Garaqe sale means all general sales open to the
public, from or on residential premises located in any
zoning district of the City of Sebastian zoned
residential, multi-family residential, mobile home,
commercial office residential, marine commercial and
residential, and commercial resort residential, for the
purpose of disposing of personal property, including,
but not limited to, all sales entitled "garage,"
"lawn," "yard", "attic," "porch," "room," "backyard,"
"patio," "flea market," or "rummage" sales. This
definition shall not include a situation where no more
than five (5) specific items of personal property are
held out for sale, none of the items, except for motor
vehicles and vessels, are displayed outside of the
residence, and all advertisement of such sale speci-
fically names those items to be sold;
(b) Person means an individual, child, firm,
association, Joint venture, partnership, estate, trust,
business trust, syndicate, fiduciary, corporation, and
all other groups or combinations; or
(c) Personal property means property which is owned,
utilized and maintained by an individual or members or
his/her residence and acquired in the normal course of
living in or maintaining a residence. Personal
property shall not include merchandise which was pur-
chased for resale or obtained on consignment or food or
beverages.
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Sec. 32-2. Persons Exempted from Chapter provisions.
The provisions of this Chapter shall not apply to or
affect the following:
(a) Persons selling goods pursuant to an order or a
process of a court of competent jurisdiction;
(b) Persons acting in accordance with their powers and
duties as public officials;
(c) Any sale conducted by any merchant or mercantile
or other business establishment from or at a place of
business wherein such sale would be permitted under the
Land Development Code of the City of Sebastian or under
the protection of the non-conforming use section
thereof, or any other sale conducted by a manufacturer,
dealer, or vendor, which sale would be conducted from
properly zoned premises and not otherwise prohibited in
other provisions contained in the Code of Ordinances or
in the Land Development Code; or
(d) Any bona fide charitable, educational, cultural,
or governmental institution or organization, recognized
as such under Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, when the proceeds from the
sale are used directly for the charitable purposes of
the institution or organization, and the goods or
articles are not sold on a consignment basis.
Sec. 32-3. Permit required; contents of application
for permit; application fee; consent.
(a) Required. No garage sale shall be conducted
unless and until the person designated to conduct such
sale shall obtain a garage sale permit from the
Community Development Department.
(b) Permit application. Prior to issuance of any
garage sale permit, the person conducting such sale
shall file a written application with the Community
Development Department in advance of the proposed sale,
setting forth the following information:
1. Full name and address of applicant.
The location at which the proposed garage
sale is to be held.
The date, or dates, upon which the sale shall
be held.
The date, or dates, of any other garage sales
held at the same location within the current
calendar year.
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An affirmative statement by the applicant
that the property to be sold was owned by the
applicant as his/her own personal property
and was neither acquired nor consigned for
the purpose of resale.
6. An affirmative statement by the applicant
that he/she understands that the garage sale
permit will expire in three (3) days from the
time and date of its issuance or effective
date and that the applicant understands that
he/she is entitled to conduct only one (1)
garage sale pursuant to any such permit which
sale shall only be conducted at the location
stated in the application.
(c) Permit fee. There shall be an administrative
processing fee of Two Dollars and 00/100 Dollars
($2.00) for the issuance of a garage sale permit.
(d) Consent. By applying for a garage sale permit
under this Chapter, the applicant shall be deemed to
have consented to the provisions of this Chapter and to
the exercise by the Community Development Department of
its responsibilities under this Chapter.
Sec. 32-4. Investigation of permit applicant. Before
issuing a permit, the Community Development Department
may conduct an investigation as may reasonably be
necessary to determine if there is compliance with this
Chapter.
Sec. 32-5. Permit conditions; restrictions. The
garage sale permit shall set forth and restrict the
time and location of the garage sale. No more than
four (4) garage sale permits may be issued to any one
(1) residence and/or family household during any
calendar year. if members of more than one (1) resi-
dence join in requesting a garage sale permit, then
such permit shall be considered as having been issued
for each and all such residences.
Sec. 32-6. Display of permit. The garage sale permit
must be clearly displayed and visible for a distance of
six (6) feet from the curb line or nearest edge of the
paved portion of the street or right-of-way abutting
the property upon which the garage sale is to be
conducted.
Sec. 32-~7. Property permitted to be sold. It shall be
unlawful for any person to Sell or offer for sale,
under authority granted by this Chapter, property other
than personal property.
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Sec. 32-8. Hours of operation. Garage sales shall be
limited in time to no more than the daylight hours of
three (3) consecutive days.
Sec. 32-9. Display of sale property. Personal
property offered for sale may be displayed within a
residence, in a garage, carport and/or front yard but
only in such areas. No personal property offered for
sale at a garage sale shall be displayed in the side or
rear yard areas of any such premises or in any public
right-of-way. Provided, however, that a vehicle
offered for sale may be displayed on a permanently
constructed driveway within such front or side yards.
Sec. 32-10. Provision, control of parking. The person
to whom a garage sale permit is issued shall provide
for the parking of vehicles in such a way as to avoid
creation of a hazardous or unsafe condition and shall
not permit vehicles to impede the passage of traffic on
any roads or streets in the area of the property upon
which the garage sale is conducted.
Sec. 32-11. Responsibility for conduct of persons on
the premises. The person to whom a garage sale permit
is issued and the owner or tenant of the property on
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 or boisterous conduct on said
premises.
Sec. 32-12. Advertising, signs.
(a) Number, location and size of signs permitted.
Only the following specified signs may be displayed in
relation to a pending garage sale: one (1) sign of not
more than four (4) square feet shall be permitted to be
displayed on the property of the residence where the
garage sale is being conducted.
(b) Time limitation on exhibition of signs. No sign
as provided in Section 32-12(a) shall be exhibited
except during the hours of operation.
(c) Removal 0.~ signs. Signs must be removed each day
at the close of the garage sale activities or by the
end of daylight, whichever occurs first.
Sec. 32-13. Enforcement.
(a) The City Council of the City of Sebastian may
enact by resolution reasonable rules and regulations to
implement and carry out the provisions of this Chapter.
(b) In addition to all other available legal and
equitable remedies, the City Council of the City of
Sebastian may bring suit to restrain, enjoin, or
otherwise to prevent the violation of this Chapter.
Sec. 32-14. Fines and Penalties. Violations of any of
the provisions of this Chapter shall be punishable as
provided in Sec. 1-10 of this Code. In addition, if
any person is found to have willfully violated any
provision of this Chapter, the Community Development
Department is instructed to cancel any existing garage
sale permit held by such person and not to issue such
person another garage sale permit for a period of two
(2) years from the date of the finding of willful
violation nor to issue any member of such person's
household a garage sale permit to conduct a garage sale
from the same location where the violation occurred for
a period of two (2) years from the finding of a willful
violation."
Section 2. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this Or-
dinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
~/~,~.~ The motion was seconded by Councilman
/~-fz~W~'~ , and, upon being put into a vote, the
vote was as follows:
Mayor W. E. Conyers
Vice Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of './,..~%.~...t~.~-~.../~..~_.~' , 1991.
ATTEST:
Kathry~M. O',Ha~loran,
CMC/AA~, Cit~ Clerk
('Seal.)
CITY OF SEBASTIAN
W~.~E. Conye~~ayor
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I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
t~.~ Ordinance at 7:00
_f~..~,x ~:~c~_~.~..~ ~ p.m. on the _/~.~ day of
· 1991· and that following said public
hearin9 this Ordinance was passed by the City Council.
Kath~y~ M%'0,W~llbrAn,
CMC/AAE, City Clerk
Appro~ as to Form and Content:
C Ian' Nash
City Attorney
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