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COLOMA CHARTER TOWNSHIP
BERRIEN COUNTY, MICHIGAN

ORDINANCE NO. 65

Adopted December 11, 2002
Effective January 9, 2003

An Ordinance to provide for the regulation of garage, yard, rummage and other similar sales within the Charter Township of Coloma, and to prescribe penalties for violation of the same.

THE CHARTER TOWNSHIP OF COLOMA
BERRIEN COUNTY, MICHIGAN

ORDAINS:

Section I.  Title.

This ordinance shall be known and cited as the Coloma Charter Township Garage Sale Ordinance.

Section II.  Purpose.

The purpose of this Ordinance is to provide for the preservation of public peace and tranquility and to protect the health, safety and welfare of Township citizens by regulating the time, frequency, signage and permitting of temporary sales of common household goods and rummage of residents from their garages, yards, porches, residences and similar locations.

B.  “Charitable/Religious Organization” shall be defined for the purposes of this Ordinance as a benevolent, educational, philanthropic, humane, patriotic or eleemosynary non-profit organization ow which no part of the net income inures to the direct benefit of any individual if said organization has received a declaration of current tax exempt status from the United States.

Section III.  Definitions.

A.  “Garage sale” shall mean any non-commercial sale of common household goods by a property owner or residence on their premises.  The definition of “garage sale” shall include other common locations on the premises such as the porch, yard, driveway, or any other location on the premises or property.

B“Non-commercial sale” shall mean the sale of goods previously purchased or owned by the property owners or resident for his or her own personal and normal household use which are no longer wanted by the property owner or resident.  Goods purchased with the specific intent of reselling at a garage sale are prohibited.

Section IV.  Length, Frequency, and Time of Operation of Garage Sales.

A. Garage sales may be permitted on a piece of property or premise no more frequently than two (2) times during any one calendar year.

B.  Garage sales may be permitted to operate no longer than three (3) consecutive days for each permitted sale.

C.  Garage sales may operate only during daylight hours.

Section V.  Signage Permitted.

A.  Two (2) signs on the premises of the garage sale may be permitted.  Said sign may be erected no more than two (2) days prior to the sale.

B.  Three (3) lead-in signs may be permitted to direct traffic to the garage sale.  Lead \-in signs may be erected no more than two (2) days prior to the sale.  Said lead-in signs may be located off-premises on properties not owned by the operator of the garage sale with the permission of the property owner.  Said signs shall not be located in the right-of-way or in such a manner as to obstruct the view of traffic.

C.  All signs must be removed immediately following the conclusion of the sale.

D.  No sign may be larger than four (4) square feet in area.  

Section VI.  Permit Required.  

A.  A permit for a garage sale or sales shall be required from the Township.  Application shall be made to the Township Clerk.  An application fee as approved by the Township Board shall be paid prior to issuance of a garage sale permit.

B.  A permit shall pertain only to the dates as approved on the permit.  Said permit shall be in possession of the operator of the garage sale and shall be posted within plain sight of the public during the garage sale.

Section VII.  Complaints Regarding Violations.

Any person may file a complaint of an alleged violation of this Ordinance with the Township.  Upon receipt, the Ordinance Enforcement Officer of the Township will investigate, and take action thereon as provided by this Ordinance.

Section VIII.  Sanctions.

Any Violation of this Ordinance shall be deemed a municipal civil infraction as defined by Michigan statute which shall be punishable by a civil fine determined in accordance with the following schedule:

                                                                                    Minimum Fine          Maximum Fine

1st Offense within a 3-year period*                       $   75.00                     $ 500.00
2nd Offense within a 3-year period*                       $ 150.00                     $ 500.00
3rd Offense within a 3-year period*                       $ 325.00                     $ 500.00
4th or More Offense within a 3-year period*         $ 500.00                     $ 500.00

*Determined on the basis of the date of commission of the offense(s).

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which Coloma Charter Township has been put in connection with the municipal civil infraction.  In no case, however, shall costs of less than $9.00 nor more than $500.00 be ordered.  In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance.  Each day a violation exists shall constitute a separate offense. 

Section IX.  Administrative Liability.

No Township officer, agent, appointee, contactor employee, or member of the Township Board, shall be personally liable for any damage that may accrue to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of duties and responsibilities pursuant to this Ordinance.

Section X.  Severability and Captions.

This Ordinance and the various parts, sections, subsections, sentences, phrases and clauses hereof are declared to be severable.  If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.  The captions included at the beginning of each Section are for convenience only and shall not be considered a part of this Ordinance.

Section XI.  Repeal.

All other ordinances, parts of ordinances, or amendments thereto, any of which are in conflict with the provisions of this Ordinance, are hereby repealed in their entirety to the extent of such conflict. 

Section XII.  Effective Date.

This Ordinance was approved and adopted by the Coloma Charter Township, Berrien County, Michigan, on the 11th day of December, 2002, after introduction and a first reading on November 13, 2002 and a publication after such first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective on January 9, 2003. 

CERTIFICATION

I hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the Coloma Charter Township Board at a meeting held on the 11th day of December, 2002, the original of which is on file in my office and available to the public.  Public notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, Act No. 167 of the Public Acts of Michigan 1976, including in the case of a special or rescheduled meeting, notice by posting at least eighteen (18) hours prior to the time set for said meeting.

Dated:  January 8, 2003

Nancy Baiers, Township Clerk