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ORD NO 36-2008 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 3C:. -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND VAN BUREN'S PRIVILEGE LICENSE ORDINANCE REGARDING GARAGE SALES, ORDINANCE NO. 30 -1974, AS AMENDED; AND FOR OTHER PURPOSES. WHEREAS, the City adopted Ordinance 30 -1974, as amended, to establish certain rules and regulations pertaining to the operation of yard sales, garage sales, porch sales, rummage sales, and similar type sales ("yard sales within the city limits; and WHEREAS, the City subsequently adopted Ordinance 28 -1975, amending said Ordinance, and creating language that is confusing and/or now obsolete; and WHEREAS, the City wishes to amend Ordinance 30 -1974, as amended, to modify how often a family can conduct a yard sale at their address within a year, and to clarify the rules and regulations thereto. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Section XIII, subsection (A) of Ordinance No. 30 -1974, as amended (Van Buren Municipal Code 04.20.11) is amended as follows: If any p u un fiiu, u. Luipu.ativn, utlni than a cl.uwl. ui IAA Lunductiu.g auralc fv, a gcuc.a]I} .c a liad cluaitabk puiyu gaiagc nalc, push salt, .uu aalc, vi JIIIIIlal as paiagiaph, nitlivut cu tv mly uuc t cpilul I Tn nithuui -cost foi malt nithin the is ,ucd '..lhuut Lust. LIMITATIONS ON NUMBER OF SALES: No more than two (2) sales of the nature described in this Section may be conducted by anv persons. firms. or corporations. at anv residence or anv location within the corporate city limits of Van Buren. during anv calendar year. excludinil the weekend of "Bareains Galore on 64." and charitable oreanizations. as set forth above. DURATION OF SALE: No sale described in this ordinance shall be conducted for a period in excess of three (3) consecutive days (72 hours). SECTION 2: Section XIII, subsection (B) of Ordinance No. 30 -1974, as amended (Van Buren Municipal Code 04.20.11) is amended as follows: No signs advertising said sale will shall be placed on utility poles, traffic signs. in street right -of -ways, and no such signs wilt shall be placed upon private property without signed authorization by the owner of said private property. Any said sign put-up- posted for a sale authorized in this ordinance vo ilk must be removed within 24 hours after .,f the sale. and violations of this section. shall be subject to fines not less than fifty dollars (S50.00) nor more than five hundred dollars ($500.00) per day. SECTION 3: CONFLICTS: All ordinances and parts of ordinances in conflict with this ordinance, be and the same are repealed. SECTION 4: SEVERABILITY: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION 5: The effective date of this ordinance is January 1, 2009. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of lo for and 0 agai foregoing Ordinance at its Meeting held on the -15"' day of December 2008. Robert D. Freeman, ATTESTED: APPROVED AS FORM: N. qty lerkifrcasurer N. Don Id Jenkins, Jr., tty Attomey a ndsil dM Ca, CleAk,