§ 8-124. Non-licensed sales.

(a)

Purpose. The purpose of this section is to preserve conditions of health, safety, and appropriate community standards in the City by providing for the regulation of items offered for sale to the public in residential districts of the City.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Civic organizations means chartered non-profit organizations including but not limited to civic clubs, churches, historical societies, Scouts, garden clubs, etc.

Customary appurtenances means attachments normally used with motorized vehicles, including but not limited to trailers, plows, mower decks, campers, etc.

Farmers' market means seasonal market sponsored by the City, located on city property, and open for sales of farm and garden produce grown by residents of Newton County and counties contiguous to Newton.

For sale means offering to the public by signs, advertisements, or other public notices of goods and items for purchase.

Motorized vehicles means any vehicle operated by gasoline or diesel-fueled motor, including but not limited to automobiles, trucks, tractors, boats, motorcycles, all-terrain vehicles, campers, jet skis, lawn mowers, etc.

Multiple family yard or garage sale means advertised sales of household items by two or more residents the City, on the premises of one or more property owners or tenants belonging to the group sponsoring the sale.

Residential district means properties zoned as residential on the official city zoning map.

Seasonal produce means vegetables, fruits, flowers, nuts, grains, and other produce grown by the owner of the property whereon they are offered by sale to the public.

Yard or garage sale means advertised sales of household items on the premises of property owner or tenants of a residence

(c)

Notification of non-licensed sale required. Any person or civic organization offering non-licensed items for sale with the city limits must notify city hall staff of such sale, on form available from the City. This notification form must include:

(1)

Proposed date of sale;

(2)

Address of property on which sale is to be conducted;

(3)

Name and telephone number of person conducting sale;

(4)

Type of item or goods to be offered for sale.

(d)

Items permitted to be offered for sale. The following categories of items may be offered for sale by Oxford residents in residential districts of the City:

(1)

Yard or garage sale items, by single family or multiple families, on the premises of at least one property owner or tenant. Yard or garage sales may be conducted for a period of no more than two consecutive days. Yard or garage sales on any given property are limited to one sale every six months. Persons conducting yard or garage sales are limited to one sale every six months, regardless of location of such sales. Signs must conform to city sign regulations and must be signed and dated by all persons offering items for sale. No signs may be attached to any tree, bush, utility pole, street sign or stop sign. Signs must be removed within 24 hours after the conclusion of the yard or garage sale. No signs may be placed within the city limits advertising yard or garage sales outside of the city limits.

(2)

Yard or bazaar sales by non-profit, chartered civic organizations. Time and sign regulations will be the same as for individual, family, or residential group-sponsored sales. Sales by civic organizations may be held on public or institutional premises, and may include for sale foods and seasonal items from non-residents of the City.

(3)

Seasonal produce offered for sale in season. Seasonal fruits, vegetables, nuts, grains, and other produce may be offered for sale in season. Such produce must have been grown by the owners of the property whereupon it is offered for sale. Signs offering produce for sale must conform to the city sign ordinance. No fruit or vegetable stand offering for sale produce other than that grown by the property owner (or owner's family members) may be operated in residential districts of the City.

(e)

Motorized vehicles and appurtenances. Motorized vehicles and appurtenances may be offered for sale in the City, subject to the following:

(1)

Vehicles must be displayed on the property of the owner or tenant of the property whereon they are offered for sale.

(2)

No more than one motorized vehicle, with its customary appurtenances, if any, may be offered for sale at a time. If appurtenances such as campers, trailers, etc., are offered for sale without a vehicle, no more than one such appurtenance may be offered for sale at a time.

(3)

Any motorized vehicle required by the state to be licensed must be in operative condition and must display a current, valid license. This includes but is not limited to cars, trucks, motorcycles, boats, etc. Any motorized vehicle offered for sale in inoperative condition or without current license will be classified as a "junk car" subject to city regulations.

(4)

Motorized vehicles or their appurtenances may be displayed for sale for a period of no longer than two months. "For Sale" signs must be dated and signed by the owner to show the date of first offering for sale. A period of at least six months must elapse before the same vehicle, or any other vehicle or appurtenance, may be offered again for sale upon the same premises.

(f)

Farmers' market. The City may, at its discretion, operate a farmers' market on premises owned by the City. Such farmers' market shall be subject to the following regulations:

(1)

Farm and garden produce offered for sale must have been grown by residents of Newton County or of those counties contiguous with Newton County.

(2)

Growers who wish to sell at the farmers' market must register with the office of the City Clerk, and must sign a release form absolving the City of any liability in connection with such sales.

(3)

The office of City Clerk will issue to the grower a permit, which must be on display at time of sales through farmers' market.

(4)

Persons selling at farmers' market are responsible for their own displays (tables, pickups, tents, etc.) Normally, each person selling may occupy 100 square feet (ten feet by ten feet) of space. Those requiring more space should notify the City Clerk in advance.

(5)

Spaces used for sales must be kept free of litter. At the end of a sales day, spaces must be left clean.

(6)

Sales of produce are permitted during hours set by city.

(g)

Items prohibited from offerings for sale . Any and all items, goods, and services not expressly permitted by this section to be offered for unlicensed sale in residential districts are prohibited from being publicly offered for sale.

(h)

Penalties. Violations of any provision of this article shall be subject to cease-and-desist orders by designated officers of the City, including police officers, maintenance supervisors, Mayor or members of the City Council. Such violations shall also be considered as offenses subject to penalties established by the City Council.

(Code 1997, § 32-106; Ord. of 2-2-2004; Ord. of 12-5-2005; Ord. of 4-5-2009(01), § 32-106)