Loading...
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. -1- 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. -2- 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) -3-