O83-10AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 13 OF THE BOYNTON
BEACH-CODE BY ADDING ARTICLE III, GARAGE -
SALES, ESTABLISHING A ~PERMIT REQUIREMENT,
DEFINING GARAGE SALES, LIMITING THE NUMBER
OF SUCH SALES, REQUIRING A PERMIT FEE AND
ESTABLISHING A PENALTY FOR VIOLATION;
PROVIDING A SEVERABILITY CLAUSE, A CONFLICT
CLAUSE, AUTHORITY TO CODIFY AND EFFECTIVE
DATE; AND FOR OTHER PRUPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Chapter 13, Licenses of the Code of
Ordinances, City of Boynton Beach, Florida, is hereby amended by
adding the following:
ARTICLE III. GARAGE SALES
Section 13-52 Defined.
A "garage sale," as used in this article, is hereby
defined to mean any sale or offering for sale of
personal property by a member of a family or other
household unit, said personal property having been
acquired, possessed and used by the family or house-
hold for personal as opposed to business or commercia.
use, when such sale is to be or is conducted at the
present residence of suCh family or household.
"Garage sale" shall include sales commonly refezred
to as patio sales, driveway sales~ yard sales, and
other such sales. "Garage sales" shall not include
the sale or offering for sale of any goods on con-
signment. It shall include the sale or offering for
sale of goods of more than one family or household.
Section 13-53 Exception.
The provisions of this article shall not apply to
sales of personal property made pursuant to a valid
order of a court of competent jurisdiction.
Section 13-54 Permit Required.
No garage sale may be conducted within the city
without a permit having been first issued for such
sale by the Building Official.
Section 13-55 Written Statement Required.
Prior to issuance o~f any garage sale permit the
person conducting such sale shall file a written
statement with the Building Official setting forth
the following information:
a)
The person's interest in the residential property
such as ownership, current lessee or such other
control as the person may have.
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b)
c)
d)
Ownership of the property to be sold.
Purposes for which the property to be sold has
been previously used.
Affirmative statement that the property to
be sold was neither acquired nor consigned
for the purposes of resale.
Section 13-56 Permit Fee.
There shall be an administrative processing fee of
$2.00 for the issuance of a garage sale permit.
Section 13-57.
Only two (2) garage sale permits shall be issued to
one residence, family or household during any
calendar year.
Section 13-58.
Conducting a garage sale without a permit or under
a permit issued under false statements; penalties;
prima facie evidence.
It shall be unlawful for any person to engage in or
conduct a garage sale as defined herein without a
permit or under a permit iSsued upon false statements
-made by such person or in his behalf.
In addition, a person operating a business in violatic
of this Chapter shall be subject to a fine of up to
five hundred dollars ($500.00) a da[ and/or sixty
(60) days in jail for each day business is operated
in violation of this Chapter.
In any original prosecution under t~is Section, the
fact that such person is open for basiness shall be
prima facie evidence of engaging in such trade, busi-
ness, profession or occupation, and the burden shall
be upon the defendant to rebut the same.
Section 2. If any section, paragraph
phrase, or word of this Ordinance is for any re Lson held to be
declared unconstitutional, inoperative or void, such holding
shall not affect the remainder of the Ordinance
Section 3. All ordinances in conflic herewith be and
the same are hereby repealed.
Section 4.
Ordinance.
sentence, clause,
kuthority is hereby given to codify this
Section 5. This Ordinance shall become effective
immediately upon its second reading and final passage.
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FIRST READING this ~ day of ~y ~' 1983.
s~co~D, FINAL R~I~ AMD PASSA~ t~is /? ~
· 1983.
day of
CITY OF BOYNTON~BEACH, FLORIDA
ATTEST:
By:
Vice
CoUncil Member
City
(Corporate Seal)
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