O-391-76 ORDINANCE NO. 391
ORDINANCE AUTHORIZING, DEFINING AND
REGULATING GARAGE SALES; PROVIDING
SEVERABILITY AND PENALTIES
BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE,
FLORIDA:
Section 1. No garage sales, as hereinafter defined, shall
be held within the limits of Miami Shores Village except as
hereinafter provided.
Section 2. A "garage sale" is defined as the sale of
personal property from a residence, apartment, condominium unit
or other parcel of property upon which a structure is located,
as zoned in accordance with the applicable zoning ordinances
of the Village, provided this ordinance shall not apply to the
following:
(a) Sale of personal property where same is
permitted under zoning ordinances of the
village;
(b) Sale of personal property pursuant to an
order or process of court of competent
jurisdiction;
(c) Sale of items of personal property not in
excess of five (5) in number, which items
are specifically named or described in the
advertisement thereof.
Section 3. No garage sale shall be conducted until the
person desiring to conduct the same shall obtain a permit from
the Village Clerk. only the owner or lessee of the property
may obtain such permit.
Section 4. Before such permit shall be issued, the applicant
shall file with the Village Clerk a written statement containing
the following information:
(a) Property address where sale is to be conducted.
(b) Date (s) of sale.
(c) Hour (s) of sale.
(d) Example of sign proposed.
Section 5. Upon verification of the right of applicant to
conduct such sale in compliance with this ordinance, the village
Clerk shall issue a permit which shall designate the day(s) on
which such sale (s) shall be made, upon payment of a fee of $5.00.
Section 6. The following restrictions shall apply to all
garage sales:
(a) only personal property owned and acquired at
least sixty (60) days prior to the day of sale
by the person licensed to conduct the sale may
be sold or offered for sale.
(b) During such sale, no personal property may be
exhibited or displayed beyond the front building
line of the property as established by applicable
building and zoning regulations of the Village
from which such sale is being conducted.
(c) No sale shall be held prior to 9 a.m. or extend
beyond 5 p.m. of the day of sale.
(d) No signs advertising said sale shall be erected
other than on the property where such sale is
being conducted. No signs shall be more than
3 sq. ft. in size.
(e) No more than 2 consecutive days shall be permitted
for any garage sale.
(f) No more than 1 garage sale shall be held
from the same property within any calendar year.
(g) The permit to conduct the garage sale shall be
prominently displayed from the front of the building
from which such sale is conducted. Upon the request
of any police officer or the Building Inspector
of Miami Shores Village, the owner or lessee of
the property shall exhibit such permit.
Section 7. By making application for a garage sale permit,
accepting said permit and conducting such sale, the owner or lessee
of the property to whom such permit is granted, authorizes any
police officer or Building Inspector of the Village to enter upon
the property for the purpose of determining that such sale is being
conducted in accordance with the provisions of this ordinance and
of enforcing the same.
Section 8. Violation of this ordinance shall be punishable
by a fine not to exceed $250.00, or imprisonment for not more
than 10 days, in the discretion of the court.
Section 9. If any section, subsection, sentence, clause,
or provision of this ordinance is held invalid, the remainder of
the ordinance shall not be affected by such invalidity.
Section 10. It is the intention of the Council of Miami
Shores village, and it is hereby ordained, that the provisions
of this ordinance shall become and be made a part of the Code
of Miami Shores Village, Florida. 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 word.
Section 11. This ordinance shall become effective upon its
adoption.
PASSED on first reading this 18th day of May 1976.
PASSED AND ADOPTED on second reading this Ist day of
June 1976.
MAYOR
ATTEST:
Village Clerk
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