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Yard Sale Ordinance for Bainbridge Georgia

Ordinance Number 605 (Yard Sales)
An Ordinance of the City of Bainbridge, Georgia to repeal Ordinance Number 520 and Ordinance Number 560 and to strike in its entirety Article I, Section 42-1 of the Code of Ordinances of the City of Bainbridge and to replace it with the following:

Article I. In General

42-1 Garage Sales, yard Sales, etc.

(a) Garage sales, yard sale, etc. means the sale or trading of clothing, furniture, household items, food, dishes, antiques or similar goods or merchandise, other than in the normal course of business, or the sale or trading of such goods, as outlined in this definition, by a person not regularly engaged in such business. Such goods or merchandise do not need to be attended for a sale to be deemed to be in existence. The term "yard sale" shall include garage sales, carport sales and similar types of sales or events.

(b) Location and manner of yard sale.

Yard sales may be held on a lot or parcel of land upon which there is situated a house, apartment or other structure which is utilized primarily for residential purposes. Yard sales are prohibited upon vacant lots and upon lots upon which there is situated a structure that is utilized primarily for any use other than residential purposes.

(c) Number and duration.

Yard sales shall be allowed not more than four (4) times in any calendar year for any premises. No sale may run more than two (2) consecutive days.

(d) Display area.

All displays of yard sale merchandise shall be limited to that portion of the front yard area which is at least five (5) feet back from the property line on all sides, and at last ten (10) feet back from any curb or road edge.

(e) Religious and charitable organizations.

Religious and charitable organizations exempt from federal taxation pursuant to section 501(c)(B) of the Internal Revenue Code may conduct yard sales on the property of the organization or at other locations within the city with the expressed written consent of the owner of the premises where the yard sale is being conducted.

(f) Permit Required.

At least 24 hours before any yard sale is conducted, a permit for the yard sale shall be obtained from the Public Safety Department of the city, and a refundable permit fee in the amount established by resolution and on file with the city clerk shall be charged to ensure that any yard sale sign is removed within 24 hours after the conclusion of the yard sale. In the event the yard sale signs are not removed within 24 hours, the permit fee shall be forfeited. No signs pertaining to the yard sale shall be placed on public property. Signs may be placed on private property only with the permission of the property owner. During the course of the sale, the permit shall be prominently displayed so that it can be readily seen.

(g) Prohibited acts.

(a) No individual, firm, corporation or other partnership shall be permitted to engage in the business of promoting or conducting yard sales for others for a fee or other consideration. No merchandise shall be purchased in anticipation of resale at a yard sale.

(b) No yard sale shall be held on premises other than the premises of a least one (1) of the persons conducting the yard sale except with the express written consent of the owner of the premises where the yard sale is being conducted.
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