Ord - Garage Sales (00423385).DOCX

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ORDINANCE NO. 21-4

AN ORDINANCE OF THE CITY OF COOPER CITY,

FLORIDA, AMENDING THE CITY’S CODE OF

ORDINANCES BY AMENDING CHAPTER 14, ENTITLED

“RECYCLING AND SECONDHAND GOODS,” AMENDING

ARTICLE II ENTITLED, “GARAGE SALES AND RUMMAGE

SALES,” BY SPECIFICALLY AMENDING SECTION 14-18,

ENTITLED “RESTRICTIONS;” AUTHORIZING UP TO SIX

(6) GARAGE SALES PER RESIDENCE PER YEAR;

PROVIDING FOR SIGNAGE FOR GARAGE SALES;

AMENDING SECTION 25-24, ENTITLED “TEMPORARY

SIGNS;” PROVIDING FOR CODIFICATION; PROVIDING

FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Commission of the City of Cooper City (“City”) desires to update

and amend the City Code to increase the number of garage sales permitted per year from two (2)

to twelve (12); and

WHEREAS, the City Commission has held a public hearing in accordance with Florida

law; and

WHEREAS, following proper notice to the public and after having received input and

participation by interested members of the public and staff, the City Commission finds that this

Ordinance is in the best interest of the citizens, residents, and business establishments in the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE

CITY OF COOPER CITY, FLORIDA:

Section 1. RECITALS ADOPTED. That each of the above-stated recitals is

hereby adopted and confirmed.

Section 2. CHAPTER 14 OF CITY CODE AMENDED. That Section 14-18,

entitled “Restrictions” of Article II, entitled “Garage Sales and Rummage Sales” of Chapter 14,

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entitled “Recycling and Secondhand Goods” of the City Code of the City of Cooper City,

Florida, is hereby amended to read, as follows:

ARTICLE IV. GARAGE SALES AND RUMMAGE SALES

Sec. 14-18. Restrictions

(a) Any person conducting a garage sale shall be permitted to post up to four (4) signs to

advertise such sale. Such sign shall conform with the requirements provided in section

25-24(i) “Garage sale signs” of the City Code.

(b) All merchandise must be displayed in a garage, carport or roofed porch, except that

if a homeowner has closed in his garage, the sale shall be limited to the driveway. At no

time shall it be permitted for merchandise to be displayed in a yard or public swale area.

(c) Garage sales shall be limited to a total of one six (6) during any six twelve (126)

month period. No more than three (3) rummage sales shall be conducted by any

organization in any twelve (12) month period where the rummage sale is conducted in a

public shopping center or other public area serving the public generally.

(d) Garage sales or rummage sales shall open no earlier than 8:00 a.m. nor close no later

than 6:00 p.m. Any one such sale shall be limited to two (2) consecutive days.

(e) Signs. A maximum of two (2) signs may be placed on private property notifying the

general public of a garage sale. Garage sale signs may only be placed during the hours of

operation of the garage sale.

Section 2. CHAPTER 25 OF CITY CODE AMENDED. That Section 25-24,

entitled “Temporary Sigs” of Article II, entitled “Signs” of Chapter 25, entitled “Development

Standards” of the City Code of the City of Cooper City, Florida, is hereby amended to read, as

follows:

Sec. 25-24 Temporary Signs

…

(i) Garage sale signs. Up to four (4) garage sale signs shall be permitted and

shall be placed on private property only. No such sale shall be conducted without

first obtaining a permit from the city and paying a permit fee of five dollars

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($5.00), which includes the fee for placing the signs on the property. Each sign

shall legibly indicate the street address of the garage sale upon the front or back of

the sign. Garage sale signs shall be regulated by Section 14-18 of the City’s Code

of Ordinances.

Section 3. It is the intention of the City Commission of the City of Cooper City that

the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of

the City of Cooper City, Florida, and that the Sections of this ordinance may be renumbered,

re-lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word

or phrase in order to accomplish such intention.

Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in

conflict herewith be and the same are hereby repealed to the extent of such conflict.

Section 5. If any clause, section, or other part or application of this Ordinance shall be

held by any court of competent jurisdiction to be unconstitutional or invalid, such

unconstitutional or invalid part or application shall be considered as eliminated and so not

affecting the validity of the remaining portions or applications remaining in full force and effect.

Section 6. This Ordinance shall become effective immediately upon its passage and

adoption.

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PASSED AND ADOPTED on First Reading this ______ day of ________, 2021.

PASSED AND FINAL ADOPTION on Second Reading this __ day of ___ ,

2021.

______________________________

GREG ROSS

Mayor

ATTEST:

___________________________

KATHRYN SIMS

City Clerk ROLL CALL

Mayor Ross _____

Commissioner Green _____

Commissioner Meltzer _____

Commissioner Pulcini _____

Commissioner Shrouder _____

APPROVED AS TO LEGAL FORM:

___________________________

JACOB G. HOROWITZ

City Attorney