07-1329 City Code Garage Sale Ordinance
CITY OF MERIDIAN
ORDINANCE NO. tJ 7 - /32- c;
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING CHAPTER 4 OF
TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO LICENSES FOR
VENDORS, PEDDLERS, AND SOLICITORS; AND ADDING A NEW SECTION
TO CHAPTER 2 OF TITLE 4 OF THE MERIDIAN CITY CODE, RELATING TO
GARAGE SALES.
WHEREAS, the applicability of Title 3, Chapter 4, Meridian City Code is determined in
part by the fact whether a vendor, peddler, or solicitor is traveling by foot, motor vehicle,
bicycle or any other type of conveyance;
WHEREAS, as written, Title 3, Chapter 4, section 4, Meridian City Code regulates
persons holding garage sales, yard sales, or similar sales at residences or places of
business; therefore, does not relate to persons traveling either by foot, motor vehicle,
bicycle or any other type of conveyance; and therefore, does not fit in Title 3, Chapter 4,
Meridian City Code;
WHEREAS, the City Council of the City of Meridian nonetheless finds it in the best
interest ofthe public to regulate the time, place, and manner of garage sales, yard sales,
or similar sales; and
WHEREAS, the City Council finds that while garage sales, yard sales, or similar sales
can be beneficial for fund-raising, community interaction, and reduction of solid waste,
where the quantity or duration of such sales at one location is excessive, such sales can
become a nuisance due to visual and physical clutter, increased vehicular and pedestrian
traffic, elevated noise levels, parking congestion, the sale of stolen goods, and/or
detraction from the tranquility and privacy of neighborhoods;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title 3, Chapter 4, ofthe Meridian City Code is amended to
read as follows:
3-4-4: LICENSE REQUIRED; EXCEPTIONS:
A. License Required: It shall be unlawful to act as a vendor, peddler, or solicitor, or to
employ another in such business within the meaning and application of this Chapter,
without first securing a license to do so from the City Clerk.
GARAGE SALE ORDINANCE
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B. Exceptions:
1. A person invited to the premises or place by the occupant or owner of the premises
or place.
2. Any sales under a court order.
3. The sale of a newspaper subscription in which the seller is a person engaged in
both the delivery and sale of the newspaper.
4. The occasional sale of admission by local school students to a function of their
school or in support of a school program or fund raising sales by local service clubs
or groups such as Optimists, Elks, Kiwanis, Rotary, Lions, Boy or Girl Scouts.
5. Garage, ya:rd or simila:r sales by indiviooals at their residenee or plllee of business
Hot exceeding tm-ee (3) separate sales in one calendar year, not to eJ(Ceed tlH-ee (3)
days each, which sales shaH not include basiness inventory or items that have been
purchased for the parpose of resale From aflother garage sale.
4.2.. Any political group or candidate seeking funds, membership or support.
+Q. A bona fide auction sale.
SECTION 2: That a new section of Chapter 2, Title 4 shall be enacted to read as
follows:
4-2-9: GARAGE. YARD. AND SIMILAR SALES:
A. Definition. For purposes of this section, the term GARAGE SALE shall be
defined as follows: The sale, offer for sale, offer for trade, offer free of charge. or
display for the purpose of selling, trading, or offering. of one (1 ) or more items of
used or unwanted tangible personal property, including, but not limited to:
clothing, household effects. tools. toys. recreation equil'ment. or other used or
second-hand items customarily found in or about the home, where such sale,
trade, offer or any portion thereof occurs at a residence or residential property.
This definition shall include yard sales, basement sales, attic sales, moving sales,
tag sales, rummage sales, and other such sales known by terms which are
synonymous with the term GARAGE SALE. This definition shall not include,
and this section shall not apply to, sales specifically authorized by and conducted
in conformity with statute or iudicial order or conducted under iudicial
supervision, including. but not limited to. estate sales.
B. Time of garage sales. It shall be unlawful for any person to conduct a garage sale
at anyone (1) address:
GARAGE SALE ORDINANCE
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1. At which four (4) or more garage sales have been conducted by any person
within the preceding three hundred sixty-five (365) days.
2. At which a garage sale has been conducted by any person within the previous
thirty (30) days.
J.., For longer than three (3) consecutive days.
4. Between the hours of 10:00 p.m. and 6:00 a.m.
C. Manner of garage sales.
1.0 Persons conducting garage sales shall comply with all provisions of this
chapter and any and all applicable provisions oflaw.
2. It shall be unlawful for any person to hold a garage sale on or at any vacant or
unoccupied property and/or building, except where facts exist to support the
affirmative defense that such person:
a. Is the owner of record of such property and/or building; or
b. Prior to such garage sale, has obtained written permission of the owner of
such property and/or building for the garage sale, which permission shall
include:
ill the scope of such permission, including specific reference to the
date(s), address, and location of the garage sale; and
ill the owner's notarized and dated signature.
Any person claiming exemption under subsections (a) or (b) of this section
shall bear the burden of proving that such exception applies.
J.., Garage sales held by or for the benefit of charitable or non-profit
organizations shall not be exempt from the provisions of this chapter.
4. It shall be unlawful for any person to conduct a garage sale in any manner
which creates a hazard to lJublic health or safety.
SECTION 3. That all ordinances, resolutions, orders, or parts thereof or in
conflict with this ordinance are hereby voided.
SECTION 4. That pursuant to the affirmative vote of one-half (112) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
GARAGE SALE ORDINANCE Page 3 of 4
and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly,
this Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED by the City Council of the City of Meridian, Idaho, this
day of ~cd 1 ,2007.
24#..
APPROVED by the Mayor of the City of Meridian, Idaho, this 24 ~ay
of J IA.L:J ' 2007.
APPROVED:
ATTEST:
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MAYOR
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CITY CLERK
GARAGE SALE ORDINANCE
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 07- l 3 2
AMENDING CHAPTER 4 OF TITLE 3 OF THE MERIDIAN CITY CODE,
RELATING TO LICENSES FOR VENDORS, PEDDLERS, AND SOLICITORS;
AND ADDING A NEW SECTION TO CHAPTER 2 OF TITLE 4 OF THE
MERIDIAN CITY CODE, RELATING TO GARAGE SALES.
An Ordinance of the City of Meridian amending Chapter 4 of Title 3 of the Meridian City
Code, relating to Licenses for Vendors, Peddlers, and Solicitors, and adding a new
section to Chapter 2 of Title 4 of the Meridian City Code, relating to Garage Sales. A full
text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Idaho Street, Meridian, Idaho. This Ordinance shall become effective upon passa,$a�andoo,,,
r fl
publication.
ayor and City Council th City_'of eridian7
By: William G. Berg, Jr., City Clerk b
First Reading: �7— 2 4 — D 7 Adopted after first reading by susperiko-ko is
Rule as allowed pursuant to Idaho Code § 50-902: YES_ NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 07- / 3 21
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the le al advisor of the City and has reviewed a copy of
the attached Ordinance No. 07- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code § 50-901A(3).
DATED this Z'O�day of , 2007.
William. L.M. Nary, City Attorney
SUMMARY FOR GARAGE SALES ORDINANCE PAGE 1 OF 1