Ceres Municipal Code Ch. 18 Garage Sales

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Family unit means all those persons who reside with the owner or occupant at the address of the residential unit.

Garage sale means a sale conducted by an individual home owner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and, excluding those sales sponsored by bona fide service clubs.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially-zoned property; and to curb the evasion of business license fees.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Garage sales may be conducted by the following persons:

1. The owner of any residential unit within the City, or a member of the owner's family unit, provided such persons are actually residing upon said premises as their principal place of residence.

2. The occupant of any residential unit within the City, or a member of the occupant's family unit, provided such persons are actually residing upon the premises as their principal place of residence pursuant to a rental or lease agreement with the owner of the premises.

3. No more than three garage sales shall be conducted at any residential unit within the City during a calendar year by the persons permitted to conduct such sales pursuant to this section.

4. Each garage sale shall be limited to three consecutive days in duration. The hours of the garage sale shall be limited to 8:00 a.m. to 7:00 p.m.

5. If you conduct sales on three or more days in a 12-month period, you are subject to California sales and use tax and you are required to register for a California seller's permit and pay tax on your taxable sales.

B. In determining the number of garage sales conducted during the calendar year at the residential unit, all sales conducted by the owner, occupant, or member of the owner's or occupant's family unit shall be included. The City Manager shall have the discretion to determine whether an applicant may conduct a garage sale if that individual demonstrates to the City Manager's satisfaction a compelling justification for not meeting the requirements in this section.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2024-1085, § 1, 8-12-2024)

Persons authorized to conduct garage sales pursuant to this chapter shall make verified application in a form satisfactory to the Finance Department. The application shall contain the following:

A. The name of the applicant and copy of a government ID or driver license;

B. The address of the applicant;

C. The location of the proposed garage sale;

D. The date or dates upon which it is proposed to conduct the garage sale;

E. The date or dates of any prior garage sales held at the residence;

F. A statement that the applicant is either an owner/occupant, a renter/lessee, or a member of the family unit of such owner/occupant or renter/lessee. In the discretion of the Finance Department, the applicant may be required to provide verification of applicant's ownership, occupancy or family unit status in a form satisfactory to the Director of Finance.

G. Any fees as provided by section 5.02.010.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon receipt of the application, the Finance Director shall issue the permit to the applicant provided that the Director of Finance determines that all of the provisions of this chapter have been met. The permit shall specify the following:

A. The name of the permittee;

B. The exact address or location where the garage sale is to be conducted;

C. The date or dates upon which the sale is to be conducted;

D. The hours of the day during which said sale is to be conducted;

E. The requirement that only one sign may be used to advertise said sale, which sign shall be displayed only at the sale, only during the date or dates and hours of said sale, and the further requirement that said sign shall not exceed six square feet in area nor six feet in height;

F. A general description of the property to be offered for sale;

G. The requirement that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or other applicable provisions of law;

H. The requirement that the permit shall be prominently displayed at the location of the garage sale; and,

I. Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Police Chief, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Sale items shall be limited to the personal property of permit applicant and his or her immediate family. Sale of items acquired for resale or consignment shall be prohibited.

B. The permit must be displayed on the garage sale premises while the garage sale is operated.

C. Garage sales shall not be operated between the hours of 7:00 p.m. and 8:00 a.m.

D. Goods for sale shall not be placed in any public right-of-way nor shall goods be left out in an open area visible to the public before or after the sale.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2024-1085, § 1, 8-12-2024)

No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a garage sale for more than three consecutive days.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2024-1085, § 1, 8-12-2024)

For the fourth and subsequent garage sale in any calendar year, the applicant must apply for a conditional use permit from the Ceres Planning Commission and pay all appropriate fees. The community garage sale day does not count toward an individual's total number of garage sales per calendar year.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2024-1085, § 1, 8-12-2024)

This chapter shall not apply to the following persons:

A. Persons selling goods pursuant to an order of process of a court of competent jurisdiction;

B. Persons acting in accordance with their powers and duties as public officials; or

C. Churches, public schools, or charitable organizations, where the sale is conducted on the organization's property.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The City Manager shall designate up to one day a year as "community garage sale day" where citizens can hold a garage sale at no cost without needing to obtain a permit.

(Ord. No. 2024-1085, § 1, 8-12-2024)