2015-O-05 ORDINANCE NO. 2015-0-05
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE II (GARAGE
SALES); PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 12 (Offenses and Miscellaneous Provisions) which includes: Article II
(Garage Sales) currently only permits no more than two sales during a calendar year to be
located on the same occupied residential or nonresidential property.
2. During the January 5, 2015 City Council meeting the City Council directed staff
to draft an amendment to the Code of Ordinances that would permit more than four sales during
a calendar year to be located on the same occupied residential or nonresidential property.
3. Article II (Garage sales) of Chapter 12 is hereby being as requested by the City
Council.
NOW, THEREFORE, BE IT ENACTED by the People of the city of
Edgewater, Florida:
PART A. AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE II (GARAGE
SALES) OF THE CODE OF ORDINANCES FOR THE CITY
OF EDGEWATER,FLORIDA.
Chapter 12 (Offenses and Miscellaneous Provisions) is hereby modified to read as
follows:
Chapter 12 (Offenses and Miscellaneous Provisions), Code of Ordinances, City of
Edgewater, Florida is hereby modified as set forth in Exhibit "A", which is
attached hereto and incorporated herein.
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PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilman Blazi and Second by Councilwoman Power, the
vote on first reading of this ordinance which was held on February 2, 2015 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary Conroy X
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After Motion to approve by &Med iueMD rt Ppw and Second by n .unn 1 o nZc.. i
, the vote on second reading/public hearing of this ordinance which was held on March 2, 2015
was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power
Councilwoman Gigi Bennington �(
Councilman Dan Blazi
Councilman Gary Conroy
PASSED AND DULY ADOPTED this And day of C)\. , 2015
ATTEST: CITY COUNCIL OF THE
CITY F EDGEWATE 'THE,
By: lei /` 1Q0Ke
(4 Bo nniea7 ' nze' Mike Ignasiak
Cfly Clerk i` v7�� Mayor
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lflVlni�Sl1
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C'i f Robin L. Matusick
1E `_ Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the City Council meeting held on
Aaron R. Wolfe,Esquire this ald day of MME ,2015 under Agenda Item#80-:
City Attorney
Doran,Sims,Wolfe,Kundid,
Ciocchetti&Wagner
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EXHIBIT "A"
CHAPTER 12
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE II. - GARAGE SALES
Sec. 12-41. -Purpose.
The purpose of this article is to set certain requirements and criteria to regulate and control
all types of garage sales within the City of Edgewater.
Sec. 12-42. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Garage or yard sale are considered the same and means the sale of used household or
personal articles held on the seller's own premises. A garage sale operating for more than three
I days in duration, occurring more than twe-four times within a calendar year shall be considered a
flea market, whether indoor or open.
Indoor flea market means a market held in an open or sheltered area (not within a building)
where a group of individual sellers offer food and goods for sale to the public.
Person means any corporation, individual or members of a family residing in a household
conducting the sale.
Sec. 12-43. -Frequency and duration.
Garage sales are permitted for no more than two four sales during a calendar year located on
the same occupied residential or nonresidential property and such sales are limited to a duration
of three days. Garage sales are prohibited between the hours of 7:00 p.m. and 7:00 a.m.
Sec. 12-44. -License and fees.
It shall be unlawful for any person to conduct a garage sale in the city without first filing
with the city the information hereinafter specified and obtaining from the city a license to do so,
to be known as a "garage sale license." The fee for such license shall be established by the city
council pursuant to the information contained in the appropriate fee resolution.
Sec. 12-45. -Information to be filed.
The information to be filed with the city, pursuant to this article, shall be as follows:
(1) Name of person, firm, group, corporation, association or organization conducting said
sale.
(2) Name of owner of the property on which said sale is to be conducted and consent of
owner if applicant is other than owner.
(3) Location at which sale is to be conducted.
(4) Number of days for sale (one, two or three); not to exceed three.
(5) Date and nature of any past sale.
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(6) Relationship or connection applicant may have had with any other person, firm, group,
organization, association or corporation conducting said sale and the date or dates of
such sale.
(7) Whether or not applicant has been issued any other vendor's license by any local, state
or federal agency.
(8) Sworn statement or affirmation by the person signing that the information therein given
is full and true and known to them to be so.
Sec. 12-46. - Signs.
Signs notifying, directing and advertising the garage sale are permitted as follows:
(1) A maximum of one on-site sign of not more than four square feet shall be allowed at the
authorized sale location. The on-site sign shall be removed and disposed of within 24
hours after the conclusion of the garage sale.
(2) A maximum of two off-site signs of not more than four square feet shall be allowed. All
off-site signs can only be placed with the property owner's permission on private
residential property and located within one-half mile of the authorized sale location.
Signs may not be displayed more than one hour prior to the sale and shall be removed
and disposed of within one hour after the conclusion of the garage sale. All signs must
have date of the sale affixed to the sign.
(3) Signs placed in the right-of-way or signs found in violation of this section shall be
considered abandoned snipe signs and shall be removed as outlined in section 21.60-
04(a) of the Land Development Code.
Sec. 12-47. -Parking.
Vehicles at the garage sale shall be parked and conducted in compliance with all applicable
laws and ordinances. The permittee shall be responsible for enforcing such additional temporary
controls as are needed to alleviate any special hazards and/or congestion created by the garage
sale. Any officer of the city police department or code enforcement division who determines a
hazard exists may suspend the sale immediately for the safety and welfare of the general public.
Sec. 12-48. -Display of sale property.
(a) No property offered for sale during a garage sale shall be displayed outdoors except on the
driveway or other private property at least 15 feet from any right-of-way. No property shall
be displayed for sale upon any right-of-way.
(b) All unsold items must be stored within a fully enclosed structure at the conclusion of a
garage sale and shall be removed or packed in such a manner as not visible from any public
street or abutting properties.
Sec. 12-49. - Penalty for. ol°tio~ of article.
A violation of this article, except as otherwise provided, constitutes a civil infraction
the violation does not contest the citation, a civil penalty of less than the ma - . : ••
be assessed. Any citation may be contested in county court shall be enforced as outlined in
Chapter 10 Article XXVII or any other means available as provided by city ordinance or by law.
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Sec. 12-50-12-59. - Reserved.
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