Chapter 5-13
YARD SALES

Sections:

Article 1. Regulations

5-13-100    No sale without permit.

5-13-105    Application for permit.

5-13-110    Issuance of permit.

5-13-115    Permit to be posted.

5-13-120    Permit limitation.

5-13-125    Sign display.

5-13-130    Time limit of sale.

5-13-135    Restrictions on sale during City/ Chamber of Commerce sponsored events.

5-13-140    Fee.

5-13-145    Permit nontransferable.

5-13-150    Violation.

Article 1. Regulations

5-13-100 No sale without permit.

No person shall sell or offer for sale, any new, used, or secondhand goods or merchandise from a dwelling or residentially zoned area where the general public is invited to purchase, trade, or bargain for such goods or merchandise, commonly known as garage or backyard sales, without first obtaining a permit therefor, and conforming to the regulations as provided in this Chapter.

5-13-105 Application for permit.

To obtain a permit to conduct a sale on residential premises, the applicant shall file a written application therefore in the office of the City Clerk, which shall set forth:

(A) Name and address of the applicant.

(B) Location of proposed sale.

(C) Date or dates during which the proposed sale is to be conducted.

(D) A reasonable inventory of the goods and merchandise to be offered for sale, together with an affidavit or declaration, under penalty of perjury, that the person or persons conducting the sale are the owners of the property offered for sale; that all of the goods and merchandise are used or second hand; that all of the goods and merchandise have been owned and possessed by the applicant for a period of at least ninety (90) days; that no previous sale has been held by the applicant and on the premises within the six (6) month period just prior to the date of the application.

5-13-110 Issuance of permit.

Upon receipt of the application properly executed, accompanied by affidavit or declaration of ownership of the goods and merchandise to be sold, the City Clerk shall issue a permit to the applicant upon which there shall be provided as follows:

(A) Name of applicant and street location of sale.

(B) Dates upon which the sale shall be conducted.

(C) Serial number of the permit issued.

(D) Signature of City Clerk or his authorized agent.

5-13-115 Permit to be posted.

It shall be unlawful for any permittee to conduct a sale as provided in this Chapter, or sell or offer for sale any goods or merchandise, without having the permit posted in a location on the premises so that the permit may be visible from the nearest public street, during all time that the sale is conducted and in progress.

5-13-120 Permit limitation.

No permit shall be issued to the same person or for the same premises within the same six (6) month period.

5-13-125 Sign display.

A sign, no larger than three (3) square feet in area, may be displayed on the premises announcing the sale during the permitted period. No sign shall be displayed at any location outside or off the premises.

5-13-130 Time limit of sale.

No permit shall be approved and no sale shall be permitted for more than three (3) consecutive days or two (2) consecutive weekends of two (2) days each.

5-13-135 Restrictions on sale during City/ Chamber of Commerce sponsored events.

Garage sales to be conducted on the same date or dates as a City or Chamber of Commerce Event shall comply with the following limitations:

The goods, wares and merchandise offered for sale shall:

(A) Be owned by the persons who own or reside at the property upon which the sale is being conducted; and

(B) Not include items transported to such property from another location for the purpose of offering such items for sale as part of the garage sale activity.

5-13-140 Fee.

For the issuance of each permit, the City Clerk shall collect a fee in the amount established from time to time by resolution of the City Council complying with all applicable procedural requirements of California Government Code Section 54354.5.

5-13-145 Permit nontransferable.

No permit shall be transferable to another person or premises.

5-13-150 Violation.

Every person, who, either for himself or as the agent of another, commences, engages in, conducts, or carries on any sale as provided in this Chapter without procuring such permit and complying with the conditions and provisions of this Chapter shall be guilty of a misdemeanor.

Legislative History: Ords. 172 (2/1/77), 218 (2/11/92), 2006-10 (7/18/06).