Chapter 5.112
YARD, GARAGE, AND HOUSE SALES
Sections:
5.112.010 “Yard sale” defined.
5.112.070 Permit – Denial – Revocation – Violation.
5.112.010 “Yard sale” defined.
“Yard sale,” including patio, house or garage sales, shall mean the sale of personal property in, at, or upon any residentially zoned property by the occupant(s) and is limited to the sale of common household goods such as clothing, interior furnishings, small appliances, toys and other similar items. [Ord. 1321 § 1 (Exh. A), 2014; Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.010].
5.112.020 Exemptions.
The provisions of this chapter shall not apply to the following:
A. Sales conducted pursuant to process or order of any court of competent jurisdiction.
B. Charitable, religious, and civic organizations when the proceeds from the sale are for the institution’s or organization’s charitable purposes, and goods or articles are not sold on a consignment basis.
C. Any sale conducted by any merchant or mercantile or other business establishment from a place of business wherein such sale would be permitted by the zoning regulations of the City.
D. No more than three specific items are offered to sale or free taking. [Ord. 1321 § 1 (Exh. A), 2014; Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.020].
5.112.030 Frequency and time.
An individual seller, household, home address group, or family shall be permitted no more than three yard sales per calendar year. The length of time per yard sale shall not exceed three consecutive days and shall be held at least three months apart. Sales shall be conducted only between the hours of 7:00 a.m. to 7:00 p.m. The Community Development Director may approve an additional yard sale permit for due cause to include:
A. Written proof of a bona fide change of ownership in the real property.
B. Estate sale of previous owner.
C. Foreclosure of property.
D. Other proposal in writing determined to merit an additional yard sale due to specific circumstances. [Ord. 1321 § 1 (Exh. A), 2014; Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.030].
5.112.040 Display.
All merchandise offered for sale shall be arranged so that fire, police, health and other officials may have access for inspection at all times during the sale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks or streets or rights-of-way. [Ord. 1321 § 1 (Exh. A), 2014; Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.040].
5.112.050 Signs.
Two signs with an area not greater than four square feet may be posted on the property where the yard sale occurs, during the hours of the sale only. The signs must be removed at the conclusion of the sale. No other signs are permitted, including signs on public property. [Ord. 1321 § 1 (Exh. A), 2014; Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.050].
5.112.060 Permit – Required.
It shall be unlawful to conduct a yard sale, as defined in this chapter, without a City yard sale permit. Upon application, the City may issue a nontransferable permit for the specified location. A permit shall be final and shall not be extended or transferred due to inclement weather or any other reason. [Ord. 1321 § 1 (Exh. A), 2014; Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.060].
5.112.070 Permit – Denial – Revocation – Violation.
Any permit issued pursuant to this chapter may be revoked or any application for issuance of a permit may be refused if the application for the permit contains any false, misleading or fraudulent statement. Any individual violating the provisions of this chapter shall suffer cancellation of any existing permit. Violation of this chapter shall be an infraction and subject to administrative citations in addition to permit revocation. [Ord. 1321 § 1 (Exh. A), 2014; Ord. 1001 § 20, 1995. Code 1987 § 5.76.070].