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ORDINANCE NO. 1499
AN ORDINANCE REGULATING AND LICENSING CERTAIN
PUBLIC SALES AND PROVIDING PENALTIES FOR VIOLA-
TIONS.
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS:
Section 1. Definitions:
(a) The term "yard sale" shall mean a yard sale, patio sale, garage
sale, or any similar sale of merchandise by an individual or group for
profit when the merchandise to be sold is offered to the general public.
(b) The term "rummage sale" shall mean a rummage sale, white elephant
sale, auction sale, or any similar sale of merchandise by a non-profit
organization when the proceeds of such sale is intended to be used in a
community service, child or youth activity, charitable or other welfare
work.
(c) The term "non-profit organization" shall include but not be limited
to fraternal organizations, hobby societies, educational societies,
historical societies, museums, hospital auxiliary groups, churches,
church auxiliary organizations, student groups and parent -teacher
organizations.
Section 2. Yard Sales:
(a) Yard sales shall be limited to two (2) such sales in each calendar
year, for each individual or group. An individual may participate in sel-
ling his own property in not more than two such sales in any calendar
year, whether acting alone or as part of a group. Any sale shall not be
conducted for a continuous period of more than sixteen (16) calendar
days.
(b) Merchandise offered for sale at a yard sale must consist of used
or second-hand material owned by the seller for a period of not less than
six (6) months prior to the date of such sale, except that in the case of
a seller leaving the community, a shorter period of ownership will be al-
lowed providing the merchandise was purchased for actual use by the
seller and that the necessity for such sale of the merchandise could not
have been foreseen at the time of purchase. Intended sale of merchan-
dise owned for less than six (6) months shall be listed in the applica-
tion for a permit.
(c) Any individual or group before conducting any yard sale shall make
written application to the City Clerk of the City of Pasco. The applica-
tion shall describe the type of material to be sold, the name or names
of owners of material, the location, the dates of sale, and listing of
any material owned less than six (6) months which is to be offered for
sale. The application shall be signed by the person occupying the
location where the sale is to be held.
(d) The application shall be accompanied by a fee of Five Dollars ($S . 00) .
A permit shall be issued containing the information shown in the appli-
cation. The fee of Five Dollars ($5.00) shall be required for each separ-
ate sale.
Ordinance No. -2- Date:
(e) Any permits issued under this section shall not be restricted as
to location because of zoning regulations except that such sale must
be conducted on private property and shall not be permitted on side-
walks, alleys, streets or any other public way. Location shall be
limited to property occupied by the person signing the application for
the permit.
(f) Any sale shall be conducted in an orderly manner and shall not
constitute a public nuisance nor hazard to persons or property.
Section 3. Rummaqe Sales:
(a) Non-profit organizations as defined herein may conduct rummage
sales upon issuance of a permit by the City Clerk of the City of Pasco.
The permit will be issued when an application is submitted by an author-
ized member of the organization. The application shall show the name
and type of organization, intended use of proceeds from the sale, type
of materials to be sold, the location and the date of the sale.
(b) A fee of One Dollar ($1.00) shall accompany each application for
permit and a permit shall be required for each separate sale. The sale
shall be conducted for a continuous period of not more than two calendar
days. The permit shall be displayed at the site of the sale.
(c) Location shall not be limited by application of any zoning require-
ments, but shall be restricted to private property not necessarily oc-
cupied by the organization conducting the sale . Sale shall not be con-
ducted on sidewalks, alleys, streets or other public ways; except
as expressly authorized by the City Council.
(d) Sales permitted herein shall be conducted in an orderly manner and
shall not constitute a public nuisance nor hazard to persons or property.
Section 4. Sales in Hospitals or Schools:
Nothing contained herein shall restrict or prohibit the operation of gift shops in
hospitals nor sales by school or parent -teacher organizations within public or
private schools .
Section 5. Violations:
The conduct of any sale described herein without possession of the permit required
herein or any false statement made in an application for a sale permit shall be
considered a violation of this ordinance. Any person or organization who shall
violate any provision of this ordinance will be subject to a fine of not more than
Five Hundred Dollars ($500.00). Each day of violation hereof may be considered
a separate offense.
ection 6. Effective Date:
This ordinance shall be in full force and effect after its passage and publication as
required by law.
Ordinance No. -3- Date:
PASSED by the City Council of the City of Pasco and APPROVED
this 21 day of September 1971.
QxxxPxxxx(P&I)Exx4x Mayor Pro Tem
George P. Stork
Approved as to form:
40. 1604,000 64::�
D. Wayne Ca bell, City Atto ey