14-010 1 ORDINANCE NO. 14 -010
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA APPROVING THE REMOVAL OF GARAGE SALE
6 PERMIT REQUIREMENT FROM THE CODE OF
7 ORDINANCES, CHAPTER 13, ARTICLE II; PROVIDING
8 FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
9 I DATE.
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12 WHEREAS, on June 18, 2013 the City Commission granted a one year suspension of
13I issuance of Garage Sale Permits; and
14 WHEREAS, during this one year period, staff has monitored complaints related to
15 Garage Sales activity and noted no change or intensification of activities in violation of the
16' existing restrictions; and
17i WHEREAS, staff is recommending removal of the requirement for a Garage Sale
181 Permit; and
19 WHEREAS, the City Commission has considered the recommendations and has
20( determined and finds that it is in the best interest of the citizens and residents of the City of
21 Boynton Beach, Florida to remove the requirement for a Garage Sale Permit.
22 i NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing whereas clauses are true and correct and are now ratified
25 and confirmed by the City Commission.
26 Section 2. The City Commission of the City of Boynton Beach desires to remove
27 the requirement for Garage Sale Permits from the City's Code of Ordinances, Chapter 13,
28 Article II.
29 Section 3. Each and every other provision of the City of Boynton Beach Code of
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i Ordinances not herein specifically amended, shall remain in full force and effect as originally
2 adopted.
3 Section 4. All laws and ordinances applying to the City of Boynton Beach in
4 ■ conflict with any provisions of this ordinance are hereby repealed.
5 Section 5. Should any section or provision of this Ordinance or any portion thereof
6 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
7 remainder of this Ordinance.
8 Section 6. This Ordinance shall become effective immediately.
9 {remainder intentionally left blank}
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1 FIRST READING this 17 day of June, 2014.
3 SECOND, FINAL READING AND PASSAGE this / rot day of Jul , 2014.
4
5 VOTE CITY OF BOYNTON BEACH, FLORIDA
6 7
7
8 AYE
9 - axor — erry . � lor
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12 AYE
13 i Vice ayor — Joe Casello
14 411■
15 t `
16 AYE
17 Commi stoner — David I`. Merker
18
2 9
20 AYE � �
21 iss ioner — Mac Mc
22;�
23
24 AYE
25 , i 5 Commissioner — Michael M. Fit, I . 'c
26
27 ATTEST:
28
29
30 , 4 , fl/) Rai
31 t M. Prainito, MMC
32 y Clerk
34
35 (Co
36
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ARTICLE II. GARAGE SALES*
� Sec. 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 household for personal as opposed to
business or commercial 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 referred 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 consignment. It shall include the sale or offering for sale of
goods of more than one family or household.
(Ord. No. 83 -10, § 1, 5- 17 -83; Ord. No. 12 -012, § 2, 7 -3 -12)
.1 Sec. 13 -53. Exception to article provisions.
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.
(Ord. No. 83 -10, § 1, 5- 17 -83; Ord. No. 12 -012. § 2, 7 -3 -12)
) Sec. 13 -54. Permit required.
(Ord. No. 83 -10, § 1, 5- 17 -83; Ord. No. 12 -012, § 2, 7 -3 -12)
.)Sec. 13 -55. -- -•'
the purposes of resale.
(Ord. No. 83 -10, § 1, 5- 17 -83; Ord. No. 12 -012, § 2, 7 -3 -12)
Sec. 13 -56. Permit fee.
(Ord. No. 83 -10, § 1, 5- 17 -83; Ord. No. 12 -012, § 2, 7 -3 -12)
) Sec. 13 -57. Limitation on number of pe s Garage Sale occurrences.
Only two (2) garage sale permits occurrences shall be istfed allowed to one residence, family
or household during any calendar year.
(Ord. No. 83 -10, § 1. 5- 17 -83; Ord. No. 12 -012, § 2, 7 -3 -12)
t`) Sec. 13 -58. Conducting a garage sale without a permit or under a permit issued under false
It shall be unlawful for any persen aragc salc, as defined herein,
lam€:
In addition, a person operating a business in violation of this chapter shall be subject to a fine
of up to five hundred dollars ($500.00) a day and /or sixty (60) days in jail for each day business
is operated in violation of this chapter.
In any original prosecution under this section. the fact that such person is open for business
shall be prima facie evidence of engaging in such trade, business, profession or occupation, and
the burden shall be upon the defendant to rebut the same.
(Ord. No. 83 -10, § 1, 5- 17 -83; Ord. No. 12 -012, § 2, 7 -3 -12)