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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 113 — Personal Sales

Garage Sales

§ 113.01 Intent And Purpose

   The Town Board of Trustees finds and declares that:
   (A)   The intrusion of nonregulated garage sales is causing annoyance to citizens in residential areas in the town and congestion of the streets in residential areas in the town;
   (B)   The provisions contained in this subchapter are intended to prohibit the infringement of any businesses in any established residential area by regulating the term and frequency of garage sales so as not to disturb or disrupt the residential environment of the area;
   (C)   The provisions of this subchapter do not seek to control sales by individuals selling a few of their household or personal items; and
   (D)   The provisions and prohibitions hereinafter contained are enacted not to prevent but to regulate garage sales for the safety and welfare of the town’s citizens.
(Prior Code, § 9-301)

§ 113.02 Definitions

   For the purpose of this subchapter, the following definitions apply unless the context clearly requires a different meaning.
   GARAGE SALE.
      (1)   All general sales open to the public and conducted from or on a residential premises in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property, including, but not limited to, all sales entitled:
         (a)   Garage sale;
         (b)   Lawn sale;
         (c)   Yard sale;
         (d)   Attic sale;
         (e)   Porch sale;
         (f)   Room sale;
         (g)   Backyard sale;
         (h)   Patio sale;
         (i)   Flea market sale; or
         (j)   Rummage sale.
      (2)   This definition shall not include a situation where not more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.
   PERSONAL PROPERTY. Property which is owned, utilized and maintained by an individual or by members of his or her residence and acquired in the normal course of living in or maintaining a residence. The term does not include merchandise which was purchased for resale or obtained on consignment.
(Prior Code, § 9-302)

§ 113.03 Permit Required; Permit Conditions

   (A)   Requirement. No garage sale shall be conducted unless and until the individuals desiring to conduct such sale obtain a permit therefor from the Town Clerk-Treasurer. 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.
(Prior Code, § 9-304)
   (B)   Permit conditions. The permit shall set forth and restrict the time and location of such garage sale. Not more than three such permits may be issued to one residence or family household during any calendar year. If members of more than one residence join in requesting a permit, then such permit shall be considered as having been issued for each and all of such residences.
(Prior Code, § 9-307)
   (C)   Number limit exception. A fourth garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the Town Clerk-Treasurer or his or her duly-authorized representative.
(Prior Code, § 9-309)
Penalty, see § 113.99

§ 113.04 Permit Fee

   There shall be an administrative processing fee of $3 for the issuance of such permit.
(Prior Code, § 9-306)

§ 113.05 Property Permitted To Be Sold

   It shall be unlawful for any individual to sell or to offer for sale under the authority granted by this subchapter property other than personal property.
(Prior Code, § 9-303) Penalty, see § 113.99

§ 113.06 Written Statement Required

   Prior to the issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the Town Clerk-Treasurer at least five days in advance of the proposed sale, and if mailed, mailed applications must be postmarked at least seven days in advance of the sale, setting forth the following information:
   (A)   The full name and address of the applicant;
   (B)   The location at which the proposed garage sale is to be held;
   (C)   The date, or dates, upon which the sale shall be held;
   (D)   The date, or dates, of any other garage sales within the current calendar year; and
   (E)   An affirmative statement that the property to be sold was owned by the applicant as his or her own personal property and was neither acquired nor consigned for the purpose of resale.
(Prior Code, § 9-305)

§ 113.07 Pre-permit Investigation

   Before issuing a permit, the Town Clerk-Treasurer may conduct an investigation as may reasonably be necessary to determine if there is compliance with this subchapter.
(Prior Code, § 9-310)

§ 113.08 Displaying Permit Required

   Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public and the Town Clerk-Treasurer or Police Department.
(Prior Code, § 9-311) Penalty, see § 113.99

§ 113.09 Revocation Or Refusal Of Permit

   (A)   Any permit issued under this subchapter may be revoked and any application for issuance of a permit may be refused by the Town Clerk-Treasurer if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
   (B)   If any individual is convicted of an offense under this subchapter, then the Town Clerk- Treasurer is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for a period of two years from the time of conviction.
(Prior Code, § 9-316)

§ 113.10 Hours And Days Of Permitted Operation; Weather Exception

   (A)   Allowed times. Such garage sales shall be limited in time to not more than the daylight hours of three consecutive days or two consecutive weekends (Saturday and Sunday).
(Prior Code, § 9-308)
   (B)   Rescheduling. If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions and an affidavit by the permit holder to this effect is submitted, then the Town Clerk-Treasurer may issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee is required.
(Prior Code, § 9-309)

§ 113.11 Advertising Sign Regulations

   (A)   Only the following specified signs may be displayed in relation to a pending garage sale.
      (1)   Two signs permitted. Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
      (2)   Directional signs. Two signs of not more than two square feet each are permitted, provided that the premises upon which the garage sale is conducted is not on a major thoroughfare and written permission to erect the signs is received from the property owners upon whose property such signs are to be placed.
   (B)   No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence. Signs must be removed each day at the close of garage sale activities or by the end of daylight, whichever first occurs.
(Prior Code, § 9-312) Penalty, see § 113.99

§ 113.12 Parking Regulations

   All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Furthermore, the Police Department may enforce temporary controls to alleviate any special hazards or congestion created by any garage sale.
(Prior Code, § 9-315) Penalty, see § 113.99

§ 113.13 Public Nuisances Prohibited

   (A)   The individual to whom such permit is issued and the owner or tenant of the premises 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 individual shall permit any loud or boisterous conduct on the premises, nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises.
   (B)   All such individuals shall obey the reasonable orders of any member of the Police Department or Fire Department of the town in order to maintain the public health, safety and welfare.
(Prior Code, § 9-313) Penalty, see § 113.99

§ 113.14 Inspection And Arrest Authority Of Inspection

   A police officer or any other official designated by any town ordinance to make inspections under the licensing or regulating ordinance, or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection, and he or she may close the premises from such a sale or may arrest any individual who violates the provisions of this subchapter.
(Prior Code, § 9-314)

§ 113.15 Exemptions

   The provisions of this subchapter shall not apply to or affect the following:
   (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;
   (C)   Any sale conducted by any merchant, mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the town or under the protection of the nonconforming-use section thereof, or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly-zoned premises and not otherwise prohibited in other ordinances; or
   (D)   Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for the institution’s or organization’s charitable purposes and the goods or articles are not sold on a consignment basis.
(Prior Code, § 9-317)

§ 113.99 Penalty

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
   (B)   (1)   Every article sold and every day a sale is conducted in violation of §§ 113.01 through 113.15 of this chapter shall constitute a separate offense.
(Prior Code, § 9-318)
      (2)   Any person conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of §§ 113.01 through 113.15 of this chapter, upon conviction, shall be punished as provided in § 10.99(A) of this code.
(Prior Code, § 9-319)