For the purpose of this article, the term "residential sale" shall mean any sale held out to be or commonly known as a garage, room, backyard, or patio sale, or any other type of general sale conducted from or on any promises not normally used for retail sales to the public, regardless of zoning district. This definition shall not include a situation where specific items are held out for sale and all advertisement of such sale specifically names the items to be sold, nor shall it include auctions, estate sales, tent sales, or sidewalk sales from any premises.

(Code 1973, § 26-1; Ord. No. 1041, § 1, 2-18-97; Ord. No. 1186, § 1, 6-18-01)

(a) It shall be unlawful for any person to hold, conduct, engage in or participate in any manner in a residential sale, or to allow a residential sale to be held or conducted on premises under his control or ownership more than four (4) times in a calendar year. This provision is subject to the exception allowed in section 10-358(b).

(b) A residential sale may not extend more than three (3) consecutive days.

(Code 1973, § 26-3; Ord. No. 1029, § 1, 7-1-96; Ord. No. 1041, § 2, 2-18-97; Ord. No. 1062, § 1, 1-20-98)

(a) Not more than four (4) signs approved and issued by the City may be used for the purpose of advertising or calling attention to residential sales. At least one sign must be placed in the front yard of the site of the sale.

(b) Signs shall be self-supporting devices, placed inside of the curb on the public easement of main and side streets, with the owner's consent.

(c) No sign shall be posted more than one (1) day prior to the sale.

(d) Signs or other devices shall not be placed on utility poles, trees, culverts or bridges or any other structure being part of streets or roadways.

(e) Signs or other devices shall be removed by the person with the permit number within forty-eight (48) hours of the sale.

(f) Signs not removed within forty-eight (48) hours of the last day of sale would constitute a violation of this section, shall be deemed guilty of an offense punishable by a fine not to exceed twenty-five dollars ($25.00).

(g) Signs must have dates of sale and permit number written in ink.

(Code 1973, § 26-4; Ord. No. 1029, § 2, 7-1-96; Ord. No. 1041, § 3, 2-18-97)

It shall be unlawful for any person to hold, conduct, engage in or participate in any manner in a residential sale, without having first obtained a license to do so under this article. A separate license shall be required for each location at which a residential sale is to be held. A twelve dollar ($12.00) fee shall be charged for each license.

(Code 1973, § 26-18; Ord. No. 1029, § 3, 7-1-96; Ord. No. 1186, § 2, 6-18-01)

An application for a license under this article shall be filed with the city clerk and shall contain the following:

(1) The full name and address of the applicant;

(2) The location at which the proposed residential sale is to be held;

(3) An affidavit from all participants to the effect that all goods to be sold at the residential sale are owned by the participants and have not been obtained for the purpose of reselling them at sale; and

(4) The date or dates upon which the sale shall be held.

(Code 1973, § 26-19; Ord. No. 1041, § 4, 2-18-97)

(a) The City Clerk is hereby authorized to issue a license for a residential sale for a period not to exceed three (3) days to any person applying therefor and who otherwise complies with the requirement of this article and other ordinances of the City; provided, however, that not more than four (4) such licenses shall be issued to the same address within a calendar year, unless occupancy or ownership changes within the calendar year, in which event the new occupant or owner, upon approval by proper application, and who otherwise complies with the requirements of this article and other ordinances of the City, shall be entitled to the issuance of a maximum of four (4) such licenses within the calendar year. For purposes of this section, occupancy and/or ownership is to be verified by reference to the utility records of the City of Del City.

(b) If a residential sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather condition, and an affidavit by the permittee to this effect is submitted, the City Clerk may issue another permit to the applicant for a residential sale to be conducted at the same location within thirty (30) days from the date when the first sale was to be held. Upon submission of the affidavit the permittee may return damaged signs and purchase four (4) new signs at an additional cost of $4.50 or $1.25 each if less than four (4) signs are needed.

(c) Before issuing a permit, the City Clerk may conduct such investigation as may reasonably be necessary to determine if there is compliance with this code.

(Code 1973, § 26-22; Ord. No. 1029, § 4, 7-1-96; Ord. No. 1041, § 5, 2-18-97; Ord. No. 1062, § 2, 1-20-98)

A license issued under this article may be revoked by the city clerk if the holder thereof violates any provision of this article or makes any false, fraudulent or misleading statement in his license application. A person whose license is so revoked shall not be eligible to receive another license under this article for a period of two (2) years.

(Code 1973, § 26-24)

In order to encourage nonresidents to visit and shop in Del City the city manager is hereby authorized to arrange a community garage sale up to two times in any calendar year. Each community garage sale shall not exceed three calendar days. The community garage sale shall consist of separate but coordinated residential sales at locations throughout Del City, with all eligible applicants encouraged to hold a residential sale in the appointed time frame. Participation in a community garage sale shall not count toward the maximum number of sales allowed at one location within one year under section 10-343. The community garage sale shall use the resources of the city government to hold and to publicize the maximum possible number of residential sales at the same time. In order to meet this goal, the city manager may authorize one or more of the following actions:

(1) Publicize in advance the dates of the community garage sale so that residents can plan a sale for the selected time period;

(2) Waive the fee charged for the license under section 10-356 of this Code, but not the requirement for a license under section 10-356;

(3) Publicize at the expense of the city, provided funds are available and appropriated for that purpose, the dates of the community garage sale and the location of participating residential sales, including but not limited to the production, reproduction of lists and maps of locations, and the purchase of advertisements in appropriate media; and

(4) Encourage businesses to participate in community garage sales through advertising and through holding special sales and other events.

(Ord. No. 1186, § 3, 6-18-01)