Yard Sales Ordinance

CHAPTER 114: Dayton Yard Sales Ordinance

• 114.01  DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“BLOCK.”  Any premises adjacent to a city thoroughfare between two cross thoroughfares.

“PERSON.”  Any individual, groups of individuals, unincorporated associations, corporations, or charitable organizations which own, reside at, or have offices at any premises within the city.

“PREMISES.”  Any contiguous real property owned by the same person.

“YARD SALE.”  Any casual sale of tangible personal property at the premises of any person within a residential area of the city.

 

• 114.02  PERMIT REQUIRED.

No person shall conduct a yard sale within the city without first filing with the City Clerk/Treasurer the information stated in § 114.06 and obtaining from the City Clerk/Treasurer a permit to conduct the sale at each premises.

 

• 114.03  NUMBER AND DURATION OF PERMITS.

No person shall be issued more than two permits per calendar year.  No permit shall be issued for more than three consecutive calendar days.

 

• 114.04  DISPLAY OF PERMIT.

The permit shall be prominently displayed at each premises upon which the yard sale is conducted throughout the entire period of the sale.

 

• 114.05  FEES.

The City Clerk/Treasurer shall collect the following fees for issuance of a yard sale permit:

(A)   Yard sale, one day:  $5.

(B)   Yard sale, two or three days:  $10.

(C)   Block yard sale, one day:  $5 for the first premises at which a yard sale is conducted and $2 for each additional premises on the block at which a yard sale is conducted; and

(D)   Block yard sale, two or three days:  $10 for the first premises at which a yard sale is conducted and $5 for each additional premises at which a yard sale is conducted.

 

• 114.06  INFORMATION TO BE FILED.

Any person conducting a yard sale shall file the following information to the City Clerk/Treasurer:

(A)   The name of the person conducting the sale;

(B)   The name of the owner of the premises on which the sale is to be conducted, and the consent of the owner if the applicant is other than the owner;

(C)   The location at which the sale is to be conducted;

(D)   The number of days of the sale (one, two, or three);

(E)   Date and nature of any previous sales; and

(F)   The relationship or connection the applicant may have had with any other person conducting the sale and the date of that sale.

 

• 114.07  LOCATION OF YARD SALES.

(A)   No person shall conduct a yard sale on any premises other than the premises stated in the permit.

(B)   No yard sale shall be conducted in such manner that goods or wares for sale are placed in any public sidewalk, street, alley, thoroughfare or right-of-way within the city nor in such a manner as to require customers or other interested parties to view those goods or wares from any street, alley, thoroughfare or right-of-way within the city.

(C)   No yard sale shall be conducted prior to 7:00 a.m. nor after 6:00 p.m.

 

• 114.08  EXCEPTIONS.

The provisions of this chapter shall not apply to or affect the following persons or sales:

(A)   Persons selling goods pursuant to an order or process of a court of competent jurisdiction;

(B)   Persons acting in accordance with their powers and duties as a public official; or

(C)   Any person selling or advertising for sale any items of personal property which are specifically named or described in the advertisement and which do not exceed five in number.

See §38.15 for the penalty for violation of this ordinance.