Loading...
2086 ORDINANCE NO. 2086 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING SECTION 18-35, GARAGE SALES, OF THE SANFORD CITY CODE~ GARAGE SALES; REGULATING PERSONAL PROPERTY SALES IN RESIDENTIAL ZONING DISTRICTS; DEFINING GARAGE SALES; LIMITING THE NUMBER OF GARAGE SALES PER YEAR; LIMITING THE DURATION OF SALE; PROVIDING FOR ADVERTISING AND SIGN RESTRICTIONS; NOTING CERTAIN PERSONS OR SALES EXEMPTED FROM THE TERMS OF THIS ORDINANCE; PROVIDING PENALTIES; PROVIDING FOR SEVERA-BILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford, Florida find that the intrusion of nonlregulated garage sales causes annoyance to citizens in residential areas and causes congestion of the streets in residential areas in the City of Sanford; and, WHEREAS, it is the desire of the City Commission of the City of Sanford to regulate garage sales to protect the residential environment in the City of Sanford; and, WHEREAS, the provisions and prohibitions hereinafter contained are enacted not to prevent garage sales but to regulate garage sales for the safety and welfare of the citizens of Sanford. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Chapter 18, Article I, Section 18135, Garage Sales, is hereby created to read as follows: Sec. 18-35 Garage Sales. (a) "DEFINITIONS". For the purposes of this section, the following terms, phrases, words and their derivatives shall have the meaning given herein: (1) "GARAGE SALE" shall mean and include all general sales, open to the public conducted from or on a residential premise in any residential zone, for the purpose of disposing of personal property including, but not limited to all sales entitled "garage", "lawn", "yard", "attic" , "porch", "moving", "baCkyard", "patio", "flea market" or "carport" sale. (2) "PERSONAL PROPERTY" shall mean property which is owned, utilized and maintained by an individual or member of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment. (b) "REGULATIONS ON GARAGE SALES". It shall be unlawful for any individual to conduct a garage sale in violation of the following regulations: (1) No more than two garage sales shall be conducted at a residence during any calendar year. (2) Such garage sales shall be limited in time to no more than the daylight hours of three (3) consecutive days. (3) No sign or other form of advertisement shall be exhibited for more than one (1) day prior to the day such garage sale is to commence. (4) Signs or other forms of advertisement shall only be permitted to be displayed on the property of the residence where the garage sale is being conducted. (5) Signs or other forms of advertisement must be removed on the last day of the garage sale at the close of the garage sale activities or by the end of daylight, whichever first occurs. (c) "EXEMPTIONS". The provisions of this section shall not apply to or affect any bona fide charitable, fraternal, religious, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for institutional or organizational purposes. (d) "PENALTY". Any person conducting a garage sale or similar activity in violation of any of the terms and regulations of Section 18-35, shall be fined not less than twenty-five~'' ($25.00) dollars nor more than two hundred fifty ($250.00) dollars for each offense. Every article sold and every day a sale is conducted in violation of Section 18- 35 shall constitute a separate offense. ~ SECTION 2: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. --2-- Ordinan6a N6. 2086 SECTION 3: That all ordinances orparts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 4: That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this ~ day of~~ , A.D. 1990. MAYOR ~ ' ATTEST: ~TYCLERK' _ City of Sanford, Florida. CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2086, PASSED AND ADOPTED by the City Con~ission of the City of Sanford, Florida, on the 8th day of January, 1990, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 9th day of January, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this i0th day of January, 199~ A~ty Clerk of the City of Sanford, Florida --3-- Ordinan6~ ~6. 2086