TOWN OF PIERCETON ORDINANCE No. 2024- 8- 2
AN ORDINANCE REGULATING
GARAGE SALES, YARD SALES AND RUMMAGE SALES
WHEREAS, Kosciusko County has previously enacted zoning provisions applicable to the Town of Pierceton which regulate garage sales and yard sales; and
WHEREAS, the Town of Pierceton , Indiana has determined that it is in the best interests of the Town to further regulate and limit the ability of residents to hold Garage Sales, Yard Sales and Rummage Sales in the Town of Pierceton , Indiana; and
NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Pierceton, Indiana that:
SECTION 1: Definition. A garage sale, yard sale or rummage sale is a sale of personal property (including but not limited to household goods, furniture, appliances, household/yard/garden tools or equipment, and/or other personal item s which are in the possession of the sellers) to the general public (displayed in the open, clear view of the public) on any portion of a residential property, including properties in non-residential zoning districts which are used for residential purposes, which are within the Town of Pierceton, Indiana. This definition shall al so include sales entitled garage, patio, car port, attic, basement, porch, driveway, rummage, lawn, yard sale and the like.
SECTION II: Purpose. The purpose of this Ordinance is to eliminate perpetual, prolonged, and extended garage, yard and rummage sales in residential neighborhoods. Such sales, if continued indefinitely, tend to be retail businesses in residential areas creating a nuisance and often violating zoning provisions established by Kosciusko County and the Town of Pierceton, Indiana.
SECTION III: Exceptions. This ordinance shall not apply to persons selling goods pursuant to court order or process of court; to persons acting in accordance with their powers or duties as public officials; to persons selling or advertising for sale an item or items of personal property which are specifically named or described in an advertisement and which separate items do not exceed five (5) in number; to an organization or corporation organized for educational, religious or charitable purposes; or to any person conducting a garage/rummage/yard sale during days officially designated for the annual Pierceton town-wide garage sales. The Town Council may al so hear and grant a waiver of the penalties for violation of this Ordinance established herein if extraordinary circumstances justify such a waiver. These exceptions and any waiver granted by the Town Council shall have no effect on and shall not apply to any Ordinance of Kosciusko County, or any state or federal law.
Section IV: Time limits. A garage/rummage/yard sale may be conducted three (3) times each calendar year per residence, shall not exceed four (4) consecutive days in duration per sale event, and shall only be conducted during the hours from sunrise to sunset. One (1) or more owners or occupants may conduct a combined garage/rummage/yard sale on one (1) of the lots owned or occupied by the participants, provided that all other provisions are complied with. There must be a period of eight (8) days between sales at any specific location, and consecutive sales are specifically prohibited .
SECTION V: Removal of sale items and equipment. All personal property exhibited outdoors during a garage/rummage/yard sale shall be removed from public view and placed within a building or structure or otherwise removed from the premises immediately following the garage/rummage/yard sale. Item s covered by a tarp, or other plastic, vinyl, rubber, cloth or textile covering will be considered as visible.
SECTION VI: Violation. Any person who shall hold or conduct any garage/rummage/yard sale in violation of this section, or otherwise fail s to comply with this section, shall be subject to a fine in the amount of $50 for the first offense, $100 for the second offense, and $250 for the third and any subsequent offense, and shall be responsible for any attorney fees and costs of collection thereof. A violation of any separate limit of this ordinance shall constitute a separate offense, and each day that a violation continues shall be considered a separate offense.
This ordinance shall take effect after the same has been passed by the Town Council and upon required publication pursuant to I.C. 36-5-2-10(b).
Upon motion duly mad e, seconded and approved, this Ordinance was adopted and i t is hereby certified that this Ordinance was passed by the Town Council of the Town of Pierceton, Indiana, by a vote of 3 Aye's and 0 Nay's on September 9, 2024.
PIERCETON TOWN COUNCIL
Glenn Hall
Matthew Brubaker
Chauncy Smith
Attest
Myra Mast, Clerk-Treasurer
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