§ 46-32. Garage sales; permit required.

(a)

A garage, yard, or similar type sale is the selling of personal possessions from a residential location which is conducted on an irregular basis and is generally related to moving or otherwise reducing the amount of household durable goods at a residence. These sales are not intended to be conducted on a frequent basis, as a business. No person may conduct a sale of this nature without first obtaining a permit. Permits will only be issued for sale periods beginning on a Friday and ending on the following Sunday. Excluding any extenuating circumstances, as determined by the permitting official, no more than four sales per year will be authorized at a particular location. Accumulation of household items or durable goods in anticipation of a sale is not authorized unless such items are kept out of public view and within a storage shed, garage, or other such structure whose primary use is for storage.

(b)

The City of Leesville intends to allow any bona fide charity possessing a valid exemption under Section 501(c)(3) of the Internal Revenue Code to conduct garage, yard, or similar type sales within and upon properties zoned C-2 Commercial District, C-3 Neighborhood Commercial District, and C-4 Highway Commercial District within the corporate limits of the City of Leesville, with the definite and express permission of the owner of the property at which the sale shall be conducted, to be given to the permitting official in the form of a signed and dated letter.

(c)

Non-profit organizations shall be exempt from the issuing period clause of section 46-32 of the City of Leesville's Code of Ordinances, specifically the regulation allowing permits to be issued for sale periods beginning on a Friday and ending on the following Sunday.

(d)

Any person, corporation, non-profit organization, civic organization, etc. shall pick up a permit for any garage, yard, or similar type sale at the water department of the City of Leesville located at the Leesville Municipal Complex.

(e)

Any person who violates this section shall be subject to a fine of not more than $200.00 or imprisonment for not more than 30 days, or both, at the discretion of the court.

(f)

Except as provided for in R.S. 37:1869.1, the provisions of this section shall not apply to:

(1)

Dealers in coins and currency, dealers in antiques, nor to gun and knife shows or other trade and hobby shows.

(2)

Persons solely engaged in the business of buying, selling, trading in, or otherwise acquiring or disposing of motor vehicles and used parts of motor vehicles, excluding tires and rims, and shall not apply to wreckers or dismantlers of motor vehicles who are licensed under the provisions of R.S. 32:783 et seq.

(3)

The operations of a company that has received a permit, registration, or other authorization from the department of environmental quality for the collection, transportation, treatment, storage, processing of materials to be recycled or reused, or disposal of solid waste as defined in R.S. 30:2153.

(4)

The purchase of educational course materials and products including but not limited to books, classroom response devices, and calculators.

(5)

Purchases of scrap metal by persons operating as a scrap metal recycler under the provisions of R.S. 37:1961 et seq.

(g)

Signs pertaining to garage sales shall not be posted or displayed on any public right-of-way or on utility poles, trees or other structures on such public rights-of-way.

(h)

Nonilluminated, temporary signs not exceeding four square feet in sign area appertaining to drives or civic, educational or religious events, such signs shall be posted not more than seven days prior to such event or drive and shall be removed within seven days after their reason for being has ceased to exist.

(i)

Any signs displayed in violation of this section or of chapter 74, article IV of the City of Leesville's Code of Ordinances may be removed by the police department or other city personnel.

(j)

The persons acting hereunder shall in no way be held liable for the removal of signs displayed in violation hereof and such removal shall not be construed to exonerate the persons posting signs in violation hereof of the penalties provided in section 1-21 of the City of Leesville's Code of Ordinances.

(k)

Any bona fide charity possessing a valid exemption under Section 501(c)(3) of the Internal Revenue Code shall be allowed to conduct garage, yard, or similar sales within and upon properties within the corporate limits of the City of Leesville, with the definite and express permission of the owner of the property at which the sale shall be conducted.

(Ord. No. 10/90, 8-22-90; Ord. No. 06/10, 4-26-10; Ord. No. 5/14, 2-24-14)