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Home My WebLink AboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00279 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY CREATING A NEW DIVISION ENTITLED "GARAGE SALES", CREATING SECTION 62-623 ENTITLED "DEFINITIONS", DEFINING GARAGE SALES; CREATING SECTION 62-624 ENTITLED "PERMIT", DEFINING THE PERMITTING PROCESS; CREATING SECTION 62-625 ENTITLED "CONDITIONS FOR ISSUANCE", DEFINING THE REQUIRED CONDITIONS WHICH MUST BE MET TO ISSUE A PERMIT; CREATING SECTION 62-626 ENTITLED "TIME OF SALE", SETTING THE TIMES IN WHICH A GARAGE SALE MAY BE HELD; CREATING 62-627 ENTITLED "DISPLAY OF MERCHANDISE", PROVIDING THE ACCEPTABLE DISPLAY OF MERCHANDISE; CREATING 62-628 ENTITLED "PROHIBITED MERCHANDISE", PROVIDING FOR TYPES OF MERCHANDISE TO BE SOLD; CREATING 62-629 ENTITLED "SIGNS", PROVIDING GUIDELINES FOR GARAGE SALE SIGNS; CREATING 62-630 ENTITLED "ENFORCEMENT", PROVIDING THAT THIS ARTICLE SHALL BE ENFORCED BY THE CODE COMPLIANCE DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, in the interest of public policy, the City of Miami shall regulate garage sales through the issuance of a permit; and WHEREAS, a property owner may obtain a maximum of two (2) garage sale permits in any one (1) calendar year; and WHEREAS, a property owner may obtain a garage sale permit at no cost; and WHEREAS, a property owner found in violation of this section shall have his garage sale privileges revoked for one (1) calendar year in addition to any code enforcement fines that may be allowed by law; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 62, Article XIII, Division 10 of the Code of the City of Miami, Florida, as amended in the following particulars:{1} "CHAPTER 62 Cite ofMinmi Page 1 of 4 File Id: 14-00279 (Version: 1) Printed On: 3/18/2014 File Number 14-00279 PLANNING AND ZONING ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED * DIVISION 10. GARAGE SALES Sec. 62-623. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: front Yard means an open area extending the full width of the lot upon which the residence is located between the main residence and the front property line. Garage Sale means a sale at which tangible personal property is sold at a single family residence, multifamily residence, school, or place of worship. The term shall include, but not be limited to, "lawn sale," "attic sale," "rummage sale," or "yard sale." Property Owner means the person or entityhaving title to the real property in question, or the manager of the property when the property owner has authorized the manager to maintain and operate the property and has so informed the Citv's NET office in writing. For condominium buildings, the term "Property Owner" shall mean the condominium association. Sec. 62-624. Permit. fp). No Property Owner shall conduct a Garage Sale within the City without first obtaining a permit. All persons wishing to obtain a Garage Sale permit shall submit an application with any of the City's NET offices. A permit may be obtained at no cost to the Property Owner. Ig,1 Applicants for Garage Sale permits must provide the following information o the City at the time of application: 1. Name of the person conducting the Garage Sale or Property Owner at which the Garage Sale will be located if different from the person conducting the Garage Sale. 2. Location where the Garage Sale is to be conducted. 3. Number of days the Garage Sale is to be held. 4. Dates of any Garage Sales at the subject location within the past twelve (12) months. 5. Length of time the applicant has resided at, or operated, the subject location. City of Miami Page 2 of', File Id: 14-00279 (Version; 1) Printed On: 3/18/2014 File Number: 14-00279 6. Owner(s) of the property to be sold if different from the person conducting the Garage Sale. 7. Nature of the goods to be sold. 8. Any previous violations of the City Code in the past twelve (12) months and whether the fines were paid. Applications for Garage Sales to be located at multifamily residence buildings, schools, or places of worship must be accompanied by the written permission of the Property Owner. Applications for Garage Sales to be located at single family residences shall be accompanied by proof of residence, which may be a current driver's license, voter registration, or county tax assessor's bill, fa All Garage Sale permit requests must be made no later than 12:00 p.m. of the day prior to the requested date of the sale. Responses to the requests (i.e., permit approval or permit denial) will be issued to the applicant immediately upon review of the application. Sec. 62-625. Conditions for Issuance. A Garage Sale permit as required by Sec. 62-624 shall be issued for a Garage Sale located in any one (1) single-family residence, multifamily residence, school, or place of worship building on no more than two (2) occasions during any 12-month period. Each Garage Sale permit must be prominently displayed on the premises upon which the Garage Sale is held at all times while the sale is in progress. kl No Garage Sale permit shall be issued to a person who has conducted a Garage Sale without obtaining a permit within the preceding 12 months or who has outstanding unpaid fines imposed pursuant to Chapter 2, Article X, of the City Code, or to a person applying to conduct a Garage Sale from a premises where an unpermitted Garage Sale was conducted within the last 12 months. Sec. 62-626. Time of Sale. Garage Sales shall be held only on weekends and holidays during daylight hours. Sec, 62-627. Display of Merchandise. Sal All merchandise to be sold at a Garage Sale shall be displayed in an enclosed room, enclosed garage, or in a carport. At no time shall merchandise be displayed on a public right-of-way or swale area; however, if no enclosed garage or carport exists at the location, merchandise may be displayed on a private driveway, rearward or portion of the Front Yard not to exceed 25 percent of the total Front Yard area. All items used or displayed at a Garage Sale shall be removed from unenclosed areas by the end of the last day of the sale. fla Notwithstanding the provisions of Sec. $1-26 of the City Code, a Local Business Tax Receipt is not required in order to conduct a Garage Sale when a Garage Sale permit has been obtained. Sec. 62-628. Prohibited Merchandise. Merchandise to be sold at a garage sale shall be merchandise that has been previously City pfMiain' Page 3 of 4 File Id 14-00279 (Version: 1) Printed Ow 3/18/2014 File Number: 14-00279 used. It shall be prohibited to sell new merchandise or merchandise that is sold in bulk as from a carton, crate, bushel or other container commonly used in retail business. No garage sale permit shall be issued for the sale of merchandise prohibited by this section. Sec. 62-629. Signs. „{al Signs advertising a Garage Sale shall not be displayed before 6 A.M. of the first day of the sale and shall be removed by 8 P.M. of the last day of the sale. A Garage Sale permit issued pursuant to Sec. 62-624 shall be required in order to display any signs. (b) No such signs shall be displayed on any public property or right-of-way, and all sign placement shall comply with the provisions set forth in Sec. 54-9 of this Code. No more than two (2) signs advertising a Garage Sale shall be permitted. Such signs shall not be larger than 12 inches by 18 inches each. Notwithstanding the provisions of Miami 21 or Sec. 62-619 of this Code, up to two (2) signs shall be allowed with a valid Garage Sale permit. Sec, 62-630. Enforcement. Failure to comply with the requirements of this division shall subject the violator to code enforcement proceedings pursuant to chapter 2, article X, as amended,of the City Code as well as an immediate revocation of the Garage Sale permit. This section is in addition to any and all other remedies and penalties as provided by law in order to compel compliance with the Code. *ft Section 3. If any section, part of section, paragraph, clause, phrase or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} API?ROVED AS TO FORM AND CORRECTNESS: 1 VIdrORIA M NDEZ CITY ATfOREY Footnotes : {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein , whichever is later. City of Miami Page 4 of 4 File Id: 14-00279 (Version: 1) Printed On: 3/18/2014