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HomeMy WebLinkAbout99-04• ORDINANCE 99-4 REGULATING YARD SALES IN THE TOWN • ADOPTED: April 6, 1999 EFFECTIVE: Apri16, 1999 • l~ -: ORDINANCE 99-4 • ORDINANCE FOR THE REGULATION OF YARD SALES IN THE TOWN OF PLTI,ASKI WHEREAS, the Town Council of the Town of Pulaski has determined that in light of citizen complaints, that the activity commonly known as "yard sale"; "basement sale"; or "garage sale" shall be hereby regulated as contained in this ordinance. ARTICLE I DEFINITIONS The following terms as applied in this ordinance shall be defined as follows: Charitable Or,~nizations-1) Any corporation, church, association, United Way, fund or foundation organized and operated for religious, charitable, scientific, literary, community, or educational purpose; 2) Any charitable non-profit organization, including, but not limited to, the following: a. A volunteer fire department rescue squad or auxiliary unit thereof which has been recognized by an ordinance of the political subdivision where such organization is located as being part of the safety program of such political subdivision; b. An organization operated exclusively for religious, charitable, community, or educational purposes; • c. An association of war veterans or auxiliary units thereof organized in the United States; d. A fraternal association or corporation operating under the lodge system; e. A local chamber of commerce; f. Anon-profit organization that raises funds by conducting raffles which generate annual gross receipts of less than $75,000 provided such gross receipts from the raffle, less expenses and prizes, are used exclusively for charitable, educational, religious, or community purposes." Goods-any tangible personal property, wares, merchandise, or other property capable of being an object of a sale that are second hand and not purchased specifically for resale. Non-illuminated si;r~-any sign that is not illuminated directly or indirectly by lights, nor contains an internal light source. Temporary-any sign that is not permanently affixed to the ground or to a structure. • ~~ i Yard Salen Basement Sale• or arage Sale-the display of goods for sale in residentially zoned areas and zoning districts where residences are allowed, whether operated from asingle-family, two-family, multi-family, or business location by any person. This term shall not include the incidental sale of one or two items of personal property when such sale is not part of a general sale of a number of items of personal property. ARTICLE II ISSUE OF PERMITS A. No fee shall be charged for a permit to hold a yard sale. B. All yard sales require a permit. C. Permits shall be obtained from the Building Inspection Office of the Town and shall be conspicuously displayed at the location of the sale by person or persons conducting the authorized sale. ARTICLE III DURATION, NUMBER, AND OPERATING HOURS OF YARD SALES A. Number of Yard Sales Allowed-No person or family may conduct more than three yard sales in one calendar year, whether in the same or another location. B. Duration of Yard Sales-No yard sale shall be conducted for more than two consecutive days. C. Hours of Operation-No yard sale shall commence before 7:00 A.M., and all yard sales shall end no later than 7:00 P.M. ARTICLE IV SIGN REGULATIONS FOR YARD SALES The following conditions shall apply to signs advertising a yard sale: A. Signs for yard sales shall be temporary, non-illuminated, and limited to four square feet in area and shall have the name and address of the person conducting the sale on the sign. B. No sign shall be placed, attached, or painted on any fence, cliff, tree, utility pole, radio, television or similar tower or post, pole or support, erected by or required by a governmental agency for traffic control, direction, or regulation. C. No sign advertising the yard sale shall obstruct clear visibility or cause hazards for vehicular, bicycle, or pedestrian traffic. • ~ ~ D. Any person conducting a yard sale shall remove all signs within 24 hours of the conclusion • of the sale. - ARTICLE V. EXEMPTIONS FOR CHARITABLE ORGAMZATIONS AND CERTAIN SALES The following organizations shall be exempt from all provisions of this ordinance with the exception of Article II and Article IV: A. Those sale conducted by charitable organizations as defined in Article I. B. Sales conducted pursuant to an order of a court or persons acting in accordance with their powers and duties as public officials. C. Sales by professional auctioneers. ARTICLE VI. PENALTIES FOR VIOLATION The violation of any provision of this ordinance shall be a misdemeanor subject to a fine of not less than $10 nor more than $250. Each day's continued violation of this ordinance shall constitute a separate offense. • ARTICLE VII. AMENDMENT OF ORDINANCES AND REGULATIONS DEALING WITH YARD SALES This ordinance shall amend Article IV, Section 1.3.6; Article IV, Section 2.3.6; and Article IV, Section 3.3.5 of the Zoning Regulations for the Town of Pulaski, Virginia, as adopted December 15, 1987, to read as follows: "Temporary non-illuminated signs, limited in area to four square feet, directing the way to premises which are for sale or rent." • ~ L ~ ,i ,~ ~ ~ ~ This ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia on the 6th day of April, 1999, as follows: James M. Neblett Lane R. Penn Jeffrey S. Worrell Bettye H. Steger Aye W. Edgar Hale A y e Aye Joseph L. Weddle ~e ~ y e Pauline G. Mitchell ~ Aye Charles W. Stewart, Jr. A y e TOWN OF PULASKI, VIRGINIA BY: . John A. Johns ,Mayor ATTEST: ~. Patricia Pendergrast Clerk of Council • C ~ ~ YARD SALE PERMIT 1 ~,r~ TOWN OF PULASKI, VIRGINIA • PERMIT NO.: NAME: ADDRESS: PHONE NO.: DATES OF PERMITTED SALE: NAME OF APPLICANT (PRINT): SIGNATURE OF APPLICANT: ISSUED BY: DATE ISSUED: --------------------------------------------------------------------------------------- PERMIT NO.: NAME: ADDRESS: PHONE NO.: DATES OF PERMITTED SALE: NAME OF APPLICANT (PRINT): SIGNATURE OF APPLICANT: ISSUED BY: DATE ISSUED: C~ ~~ • I, Patricia Pendergrast, Clerk of Council, certify that the foregoing Ordinance No. 99-4, regulating yard sales in the Town of Pulaski, is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on pril 6, 1999. .c2 F- UO~ Patricia Pendergrast, Clerk Council •