§ 14-23. Garage sales.

(a)

Necessity for section. This section is necessary to protect the citizens of Athens from unscrupulous persons who would operate a retail business full time under the guise of a "garage sale" in order to circumvent sales taxes and other relative ordinances and statutes which govern the operation of normal retail operations.

(b)

Definition. A "garage sale" is the offering for sale of individually and/or family-owned personal property to the general public, usually in a single-family residential area, at some locale on said premises.

(c)

Time of sale. [Sales may be conducted] not more than three (3) consecutive days between the hours of sunrise and sunset, and not more than two (2) times per year.

(d)

Property to be sold. Property to be sold must belong to the individual or persons conducting the sale, at least one of whom must reside on the premises where the sale is being had. Said merchandise must not be that which has been purchased for the purpose of resale, but only privately owned, used, goods, wares and merchandise.

(e)

Conduct of sale. Said sale shall be conducted in such a manner so as not to cause or create a disturbance or nuisance in the neighborhood.

(f)

Signs. Any temporary sign for the occasional (i.e., not on-going) sale of personal household goods, typically displayed in a residential area or on the property of a non-profit organization. Off-premise garage sale signs are not permitted. Garage sale signs may not be placed prior to 5:00 p.m. of the day before the sale, and they must be recovered (i.e., removed) by 8:00 a.m. on the day immediately following the last day of the sale. A fine will be assessed for each garage sale sign left after 8:00 a.m. on the required removal date.

(1)

Maximum height: Three (3) feet.

(2)

Maximum size/area: Two hundred and eighty-eight (288) square inches.

(3)

Zoning permitted: In all districts.

(4)

Placement: On private property only; cannot be mounted on public/utility structures or within public rights-of-way or easements.

(5)

Maximum number: One on the property having the sale.

(6)

Duration: From 5:00 p.m. the day before the sale, until 8:00 a.m. the day after the sale.

(g)

Permits. No garage sale shall be conducted without a written permit from the city, and application must be made early enough for the same to be issued at least three (3) days prior to the first day of sale. There shall be no fee charged for said permit. Permits may be revoked if such sale causes undue traffic congestion or creates a disturbance, nuisance or breach of the peace.

(h)

Responsibility. It shall be the duty of the residents of the locale where the garage sale is held to remove all signs within twenty-four (24) hours after the sale is over and to remove any and all tables, booths, showcases or other artifices from the area where the sale was had away from public view and to restore the premises to at least the state and condition that it was prior to said sale.

(i)

Penalty. If any violation of the above limitations and conditions occur, the violator or the owner (or resident, in the event the property is rental property) shall be deemed to have committed a class C misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) for each violation.

(Ord. No. 1-89, §§ 1—4, 1-9-89; Ord. No. O-70-94, 9-26-94; Ord. No. O-12-01, 4-23-2001)