Published: September 05, 2008 09:17 am         

New yard sale ordinance goes into effect today

The yard sale ordinance adopted by the Kosciusko Board of Aldermen, goes into effect today (Friday).

A copy of the ordinance follows:



RESOLUTION ADOPTING ORDINANCE ADOPTING

YARD SALE ORDINANCE



Alderman Kyle then moved the adoption of the following ordinance, to-wit:





ORDINANCE NO. 622



ORDINANCE REGULATING

YARD SALES IN THE CITY OF KOSCIUSKO



BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Kosciusko, in regular meeting on this the 5th day of August, 2008, as follows, to-wit:

Section 1. Definitions

A “Yard Sale” is the sale of a Person’s personal property that is conducted in or on the premises of a residence or in or on the premises of a business or industry when such business or industry does not have a privilege license for such sale. The term shall include, but shall not be limited to, garage sales, patio sales, rummage sales, yard sales, or other similar sales. Yard sales shall not include the sale of motorized vehicles including, but not limited to, cars, trucks, SUV’s, golf carts, three-wheelers, or four-wheelers, and it shall not include the sale of lawnmowers.

“Person” shall mean any individual, corporation, partnership, limited liability company, association of individuals and other similar entities or groups.

Section 2. Yard Sale Regulations

(1) No person shall hold, manage, or allow a Yard Sale within the city limits of Kosciusko, Mississippi, without first obtaining a permit therefor from the City Clerk of the City of Kosciusko, Mississippi. The permit shall be valid for a period of up to three (3) consecutive days and the fee therefor shall be the sum of Two and No/Dollars ($2.00).

There shall be no permit fee for a church or charitable organization.

If the Yard Sale cannot be held on the date(s) provided in the permit due to inclement weather, the permit may be renewed for a new date(s) for no additional charge.

(2) Any Yard Sale that is conducted on property not owned by the Person conducting such sale shall require the written permission of the owner of the property on which the sale is to be conducted. This written permission must be submitted to the City Clerk of the City of Kosciusko before a permit shall be issued.

(3) Each residence site and/or business site may have up to four (4) permits in any calendar year.

(4) No person shall conduct a Yard Sale for more than three (3) consecutive days per permit and no Yard Sale shall be conducted before 6:30 o’clock AM or after 5:00 o’clock PM.

(5) No more than five (5) signs advertising the Yard Sale shall be posted off premises. Each sign shall be no larger than eight (8) square feet. No off premises sign shall be put up more than three (3) days before the date of the Yard Sale.

(6) Off premises signs shall be placed only on private property. All such off premises signs shall be mounted on stakes.

Any application for a yard sale permit shall state the location where any such signs shall be erected, and the names of the property owners of such locations.

(7) Signs shall not be allowed on public rights of way and shall not be posted, nailed, stapled, or otherwise attached to any utility pole, sign, post, street sign, or medians.

No sign shall be erected in such a manner as to obstruct the view of any stop sign or other traffic control device.

(8) All signs advertising the yard sale shall be removed by the holder of the permit by the close of the sale activities or by the end of daylight the last day of the sale, whichever event occurs first.

Section 3. Penalty for Violation.

Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined $25.00 for the first violation; $50.00 for the second violation and $75.00 for the third violation. Each day that a violation occurs shall constitute a separate violation.

Section 4. Repeal of Prior Ordinances.

All prior ordinances and parts thereof that are in conflict with this ordinance be and they are hereby removed.

Said motion was duly seconded by Alderman Lawrence.

The foregoing motion, having first been reduced to writing, was adopted by the following vote, to-wit:

Aldermen voting yea:

Alderwoman Martha Kate Lawrence

Alderman Henry Daniel

Alderman Robert Ellis

Alderman John Sullivan

Alderman Tim Kyle

Aldermen voting nay:

None

Aldermen absent or not voting:

None

Said motion, having received a majority vote of all members of the Board of Aldermen present, the Mayor declared the said resolution and ordinance duly ordained, adopted, and enacted, on this the 5th day of August, 2008.