In Compliance with I.C.5-14-1.5-5
Notice of Public Hearing of the Town Council
Notice is hereby given of a Public Hearing listed below:
DATE: Wednesday, August 7, 2013
TIME: 6:30 P.M.
The purpose of the meeting is to discuss the proposed ordinance, 2013-08, AN ORDINANCE DEFINING AND LIMITING YARD SALES WITHIN THE TOWN LIMITS OF CHURUBUSCO
The meeting will be held in the Town Hall Council Chambers, 215 Home Avenue, Churubusco, Indiana.
PROPOSED ORDINANCE 2013-08
AN ORDINANCE DEFINING AND LIMITING YARD SALES WITHIN THE TOWN LIMITS OF CHURUBUSCO
Synopsis:
The Town of Churubusco recognizes that yard sales, garage sales, etc. are commonplace during the spring, summer and fall. Ordinance 91-11, adopted August 21, 1991, defined the frequency of these sales within the town limits. However, the Ordinance had no penalty clause or a procedure in place to track the frequency of the sales. This ordinance addresses both these issues.
WHEREAS, the Town Council desires to adopt Ordinance 2013-08, an Ordinance Defining and Limiting Yard Sales Within the Town Limits of Churubusco.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO that the following become practice within the Town of Churubusco effective August 7, 2013 and every year thereafter until amended or dissolved:
A. “Yard sales” shall include garage sales, rummage sales, flea markets, patio sales, sidewalk sales, driveway sales and the like, and shall mean the sale of personal/private property from a residentially occupied site.
B. A fixed and established place of business is hereby defined as a store, business office, factory, sales lot, sales stand, or similar facility operated and maintained on a regular and permanent basis in a fixed location within the town for the purpose of conducting the business in question, including seasonal businesses such as fruit and vegetable stands or nurseries which are open at least 90 days per year and otherwise meet the above qualifications. The term does not include mobile stands, vehicles, carts and the like, even though such may be frequently or customarily located and operated in the same place, nor temporary sales rooms, lots, tents, and the like.
C. For the purpose of this ordinance, a Farmer’s Market is defined as a common temporary facility where two (2) or more farmers or growers gather on a regular basis to sell farm products, which they produce, directly to the consumer. (IC 16-42-11-1.1 which is part of the Health code). A Produce/Vegetable Stand is defined as a temporary facility that offers only whole, uncut fresh fruits and vegetables.
II. POLICIES
A. There shall be no more than two (2) yard sales conducted at the location during the calendar year.
B. Sales shall not be conducted longer than three (3) consecutive days.
C. All displays and transactions shall be limited to the hours from 7:00 a.m. to 6:00 p.m. on each day of the sale.
D. All items displayed for sale will be removed from the location or returned to an enclosed permanent structure immediately at the conclusion of the last sale day and no later than 24 hours after the permit expires.
E. All signs or other materials used to advertise or promote the above sale shall conform to all state and county laws. No sign or other promotional material will be placed on any private property unless written permission is first obtained from the owner or governing body thereof.
F. Upon the completion of the yard sale, the permittee shall remove all advertising signs not more than 24 hours after the permit expires.
G. Sellers must obtain a permit prior to the first day of the yard sale and pay a $3 application fee for each sale.
H. The signed permit must be displayed prominently at the yard sale.
I. The penalty for the ordinance violation is fifty dollars ($50.00) for each violation. Each day Ordinance 2013-08 is violated shall be deemed a separate violation with maximum amount of penalty of one thousand dollars ($1,000.00).
J. Any fixed and established place of business as defined in Section I-B and any Farmer’s Market or Produce/Vegetable Stand as defined in Section
I-C are exempt from compliance with this Yard Sale Ordinance. However, the operator of any Farmer’s Market or Produce/Vegetable Stand must register with the Clerk-Treasurer’s office prior to establishing their Farmer’s Market or Produce/Vegetable Stand.
K. The Town Wide Garage Sale weekend held in September is excluded from Sections II-A & II-G as stated in this document and penalties will not be assessed for violating those two sections. However, all other sections remain in effect during that weekend and violations will be subject to penalties.
L. Repeal of Conflicting Ordinances. The provisions of all other ordinances in conflict with the provisions of this ordinance are of no further force or effect, and are now repealed.
M. Severability of Provisions. If any part of this ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this ordinance.
N. Duration and Effective Date. Unless otherwise provided by applicable Indiana law, the provisions set forth in this ordinance become and will remain in full force and effect (until their repeal by ordinance) on day of the passage and adoption of this ordinance.
