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HomeMy WebLinkAboutORD441ORDINANCE NO.441 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS,BY AMENDING ARTICLE 8-7 YARD SALES;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 8 BUSINESS,Article 8-7 YARD SALES,be amended to read as follows: ARTICLE 8-7 YARD SALES Section 8-7-2 Regulations A.Yard Sales shall only be conducted by the owner or resident of a specific address and only for the purpose of selling miscellan- eous merchandise at retail. B.Yard Sales shall be limited to no more than four (4)times per calendar year per address at a maximum of four (4)days each time. C.At no time shall any Yard Sale be permitted to operate if,in the judgement of the Director of Public Safety,such operation is deemed detrimental to the public health,safety or welfare. Section 8-7-3 Conditions Under Which Business License Required Any individual operating a Yard Sale in excess of the number of times permitted under 8-7-2(B)shall be considered to be operating a business and shall be required to obtain a valid business license in accordance with the provisions of this Chapter. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinancesin conflict with the provisions of this ordinance or any part of the code aodpted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,clause,phrase or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the remaining portions thereof. SECTION IV EMERGENCY CLAUSE I t is necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption. APPROVED AND ADOPTED THIS 5TH DAY OF NOVEMBER ,1985, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ORDINANCE NO.441 PAGE ONE OF TWO ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: David F.Alexande City Attorney ORDINANCE NO.441 PAGE TWO OF TWO Norman S.Hill Mayor