Barstow Municipal Code Ch. 5.80 Yard Sales

The intent of this chapter is to provide regulation for the establishment and operation of yard sales that do not constitute a land use.

(Code 1969, § 5.80.010; Ord. No. 607, § 2(part), 1989)

The purpose of this chapter is to establish regulations that will protect the general public health, safety and welfare under the authority granted to governments by the State Constitution.

(Code 1969, § 5.80.020; Ord. No. 607, § 2(part), 1989)

As used in this chapter, the following terms and phrases shall have the indicated meanings, except where the context clearly indicates a different meaning:

Estate sale, garage sale, moving sale, patio sale, rummage sale, tag sale, yard sale are synonymous and mean any event which is advertised by any means at a residential location where members of the public may purchase identifiable or tangible items of personal property; provided, however, this definition shall not mean any event which constitutes a sales activity; wholesale or retail, by any business which has a current business license issued by the city. Items sold shall be limited to personal property owned by the occupant of the property.

Residential location means any location that has been zoned DR, DL, RS-6, RS-9, RS-16 or MHS, as defined in title 19 of this Code and specified in the city general plan.

(Code 1969, § 5.80.030; Ord. No. 607, § 2(part), 1989)

No yard sale shall be permitted for more than three consecutive days beginning each day no earlier than 9:00 a.m. and ending no later than 7:00 p.m.

(Code 1969, § 5.80.040; Ord. No. 607, § 2(part), 1989)

No sale shall be permitted at the same location more than four times in a calendar year. No more than four sales shall be conducted by any one person or organization at any location in a calendar year. A sale being one to three consecutive days in duration. Sales at the same location shall occur a minimum of 90 days apart. Yard sales shall be restricted to residential locations. No sale shall be permitted within five feet of a public right-of-way.

(Code 1969, § 5.80.050; Ord. No. 607, § 2(part), 1989)

One temporary sign not exceeding five square feet in area shall be permitted on site. No such signs shall be placed on private property off site, public property or in any public right-of-way, including, but not limited to, utility poles, sign poles, or trees. Posting signs earlier than one day prior to the sale or for more than one day after the sale shall be prohibited. The sign shall be removed within 24 hours of termination of the event.

(Code 1969, § 5.80.060; Ord. No. 607, § 2(part), 1989)

The city manager or designated representative may prohibit a yard sale to commence or continue if it is determined that one or more of the following exist:

(1) The city determines that the proposed yard sale is in effect truly a commercial business activity subject to the business regulations of chapters 5.04, 5.08 and 5.12 of this Code and therefore also subject to the zoning regulations of title 19 of this Code.

(2) The time or size of the yard sale is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.

(3) The concentration of persons and vehicles at the site of the yard sale is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the event.

(4) The location of the yard sale is reasonably likely to substantially interfere with any construction or maintenance work previously granted an encroachment permit.

(5) The proposed yard sale does not comply with the other requirements established in this chapter.

(6) Items sold do not belong to the individuals conducting the sale or are stolen or contraband items.

(Code 1969, § 5.80.070; Ord. No. 607, § 2(part), 1989)

Any yard sale may be disallowed and any subsequent yard sales disallowed within one year if the city manager or designated representative finds that conduct of the yard sale has created a public or private nuisance or has violated any provision of this chapter or other applicable law.

(Code 1969, § 5.80.080; Ord. No. 607, § 2(part), 1989)

(a) Certain proposed sales events may more appropriately be regulated by the temporary event permitting provisions specified in chapter 9.45.

(b) Whenever the city manager deems a temporary event permit to be necessary, the operator of the proposed sales event will be required to obtain such permit.

(Code 1969, § 5.80.090; Ord. No. 607, § 2(part), 1989)

Violation of any provision of this chapter shall subject the violator to suit for civil remedy or criminal penalty, or both. The criminal penalty for a first or second offense shall be punishable as an infraction. The criminal penalty for a third offense or more shall be punishable as an infraction or misdemeanor.

(Code 1969, § 5.80.100; Ord. No. 607, § 2(part), 1989)