HomeMy WebLinkAboutOrdinances - MC-07-925 - 08/13/2007 - UPDATE MC CHAPTER 10.50 GARAGES SALESOrdinance No MC-07- 925
An Ordinance providing for updates to
Chapter 10 lh of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 10 lh Garage Sales of the City of McHenry Municipal Code is
hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 10 V2
GARAGE SALES
Sec. 101/2-1. Purpose.
It is the purpose of this Chapter to provide for the regulation of the nature and frequency of garage sales,
in order to insure public safety, provide proper parking control and to prevent any annoyance or harm
which might otherwise occur from the uncontrolled operation of such sales in districts not zoned for
commercial use.
Sec. 101/2-2. Definition.
For purposes of this Chapter, the term "garage sale" shall mean and include all sales of tangible personal
property conducted on premises in the City that are zoned for residential use, regardless of the name by
which such sale may be called.
Sec. 10 1/2-3. License required; fee; display.
It shall be unlawful for any person, firm or corporation to conduct any garage sale in the City of
McHenry without first filing with the City Clerk the information hereinafter specified and obtaining
from the City Clerk a license to do so, to be known as a "garage sale license." Each license issued
pursuant to this Chapter shall be prominently displayed on the premises upon which the garage sale is
conducted throughout the entire period of the licensed sale. No fee shall be charged for such license.
Sec. 10 1/2-4. Information to be filed.
The information to be filed with the City Clerk pursuant to this Chapter shall be as follows:
(a) Name of the person, firm, group, corporation, association, or organization conducting said
sale.
(b) The address at which said sale is to be conducted.
(c) The date(s) of the sale.
(d) The number of days of the proposed sale.
(d) The hours of the sale.
(e) The number of garage sales held on the premises during the current calendar year.
Sec. 10 1/2-5. Number of sales.
No more than two garage sales shall be conducted on the same premises by the same household within
any calendar year.
Sec. 10 1/2-6. Time limitations.
No garage sale shall be conducted over a period of more than three consecutive calendar days, nor shall
any such sale begin before 8:30 a.m. or continue later than 5:00 p.m. on any given day.
Sec. 10 1/2-7. Types of merchandise.
Garage sales shall be limited to the sale of household goods and furnishings which have been in use in
the dwelling unit located on the premises on which such sales are conducted. No person, firm or
corporation shall, at any garage sale, sell at retail any goods purchased or acquired in wholesale lots.
Sec. 101/2-8. Signs.
Any person, firm or corporation licensed under the provisions of this Chapter may erect two signs
advertising the licensed sale. One such sign shall be located on the premises where the sale is to take
place, and the other shall be located at the nearest major intersection to the sale premises, giving
directions to the sale. All signs shall be removed no later than three hours after conclusion of the sale.
Sec. 10 1/2-9. Persons and sales excepted.
The provisions of this Chapter shall not apply to or affect the following persons or sales:
(a) Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(b) Persons acting in accordance with their powers and duties as public officials.
(c) Any persons selling or advertising for sale an item or items of personal property which are
specifically named or described in the advertisement and which separate items do not
exceed five (5) in number.
(d) Any sale which falls within the provisions of 815 ILCS 350/1 et seq as amended.
(e) Any sale conducted by a charitable or religious organization where the sale is being held
entirely as a fund-raising activity for said organization.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and Approved this 13t' day of August, 2007.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Not Voting: None.
Absent: None.
Abstain: None.
APPROVED:
2". - �r "�'-
Mdyor
( SEAL)
ATTEST:
Citn
