Garage Sale Regulations
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2.10.610 Garage sale (residential zone).
A. Applicability.
1. This section shall apply to any person who intends to or who does display, offer for sale or sell to the general public personal property in any residential zone, including sales of personal property commonly known as “garage sales,” “yard sales,” “patio sales,” “rummage sales,” “estate sales” and the like.
2. This section shall not be deemed applicable to the occasional sale of an item or items of used personal property in any residential zone where no signs advertising such sale are placed at the location of the sale, and where all prospective buyers of the item or items of used personal property are invited by or have made an appointment with the seller prior to inspecting, purchasing or taking delivery of such personal property.
B. Exemption from Permit Fee. A bona fide nonprofit organization shall be exempt from the payment of a permit fee. Any applicant claiming nonprofit status shall provide evidence of such at the time the application is submitted. Acceptable evidence of nonprofit status shall be a 501(c)(3) IRS Status Form or State of California Form 22270.
C. Application Information. An applicant for a permit to conduct a sale of personal property to the general public in a residential zone shall submit the following information on a form to be provided by the tax collector:
1. Full name and residence address of the applicant;
2. The address where the sale will be conducted;
3. The dates and hours of the sale;
4. A general description of the personal property to be sold;
5. A declaration, signed under penalty of perjury, that:
a. The applicant is the owner of all of the personal property to be offered for sale and that the applicant will permit inspection by the chief of police, or his designee, of all personal property offered or to be offered for sale, and
b. The applicant has read and will comply with all requirements of this section.
D. Duration of Permit. The permit issued by the tax collector in accordance with the provisions of this section shall be valid for a period not to exceed three consecutive days or, in the alternative, two consecutive two-day weekends, as may be specified by the permittee in its application.
E. Conditions and Restrictions on Permitted Sales of Personal Property in Residential Zones.
1. Only one permit shall be issued by the tax collector during any six-month period to any applicant or for any sale of personal property at the same location in a residential zone.
2. The original or a copy of the permit authorizing the sale of personal property to the general public in a residential zone shall be posted or otherwise displayed by the permittee in a conspicuous place at the location of the sale during the hours of the sale.
3. The display of the personal property, and related sales activities, shall be conducted by the permittee only on the residential real property identified in the permit; provided, however, that no sidewalk or parkway area, and no more than one-half of the front yard, including the driveway area, shall be used for such display or related sales activities.
4. The personal property displayed, offered for sale or sold pursuant to the permit shall be the used personal property of the permittee. No personal property of any nature shall be moved from another location to the location identified in the permit for the purpose of displaying, offering for sale or selling such personal property.
5. No sign or other form of advertisement of a proposed sale of personal property in a residential zone shall be placed upon any public property within the city nor upon any property other than the authorized location of the sale. No sign or other form of advertisement shall be displayed for more than two days prior to the commencement or continuation of the sale, and permittee shall remove any such sign or advertisement by six p.m. on the date the sale is concluded. Two signs only, each not exceeding six square feet in area, may be placed in the front or side yard of the authorized location of the sale. The signs shall be placed at least five feet from the front property line which, for purposes of this subsection, shall be deemed the inside edge of the sidewalk or, if there is no sidewalk, the inside edge of the curb. No flags, banners, pennants or similar items shall be utilized by the permittee for the purpose of advertising the sale.
F. Permit Index File. The tax collector shall keep and maintain an index file of all permits issued pursuant to the provisions of this section. Such index file shall identify the names of the permittees and the locations in residential zones where sales of personal property have been authorized.
G. Penalty for Violation. Any person who displays, offers for sale or sells to the general public any consumer goods or other personal property, whether new or used, in any residential zone without first obtaining a permit therefore from the tax collector, or who violates any of the provisions of this section, shall be guilty of an infraction and shall be issued a citation punishable by a one hundred dollar-fine and will not be allowed to obtain a yard sale for one year from the date of violation. There shall be a six-month grace period from the date of adoption by the city council before any citation shall be issued for a violation of the number of garage sales held annually or a violation of the date on which such sales may be held, pursuant to subsection H of this section. (Ord. 2177 § 1, 7-27-04)
H. Limitation on Number of Garage Sales and Date Permitted for Holding Garage Sales. Not more than two garage sales per household shall be permitted per calendar year. Garage sales shall be held only on the third weekend of each month, Saturday and Sunday, from eight a.m. to six p.m. each day. (Ord. 2177 § 2, 7-27-04)
(Ord. 2177 §§ 1, 2, 7-27-04; Ord. 1948 § 1 (part), 5-25-93)
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