Chowchilla Municipal Code Ch. 5.36 Sale of Personal Property in Residential Zones

This chapter shall be known as the "sale of personal property in residential zones."

(Ord. 408-98 (part), 1998)

No person shall sell or offer for sale personal property in any residential zone except personal property owned, utilized and maintained by such person or members of his/her family or in connection with the premises which they occupy. Except that multi-party yard sales are allowed only when the property owners are not in possession of a state retail sales tax number. Personal property offered for sale may be displayed in the front, side or rear yard of any such premises, provided, however, that a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yards. Property displayed in the front yard shall be placed in the yard no earlier than six a.m. each day and removed from the front yard no later than eight p.m. each day.

(Ord. 408-98 (part), 1998)

In the event miscellaneous items of personal property are to be offered for sale to the general public by means of a "garage" sale, "patio" sale or other sale similarly conducted, the person conducting such sale shall file an affidavit with the community development department certifying that all property to be sold is his/her own personal property and has not been acquired or consigned to him/her for purposes of resale, or in the case of multi-party sales that no person engaged in the activity possesses a state sales tax number. Garage and similar sales may take place not more than six times per year and shall be limited to not more than three consecutive days.

(Ord. 408-98 (part), 1998).

A. This section shall not apply to sales of personal property made under court order or process.

B. In the case of churches, public schools, fraternal organizations and other nonprofit entities, six sales per calendar year, for charitable purposes may be conducted on premises or in buildings of said church, public school, fraternal organization and other nonprofit entities, by each affiliated group having written permission to use premises or building and upon approval of the city administrator with the recommendation of the designated community development department personnel. Provided further, a sale may be held at a residence for each of the listed above listed groups which shall constitute one of the permitted sales per calendar year. Each sale shall be limited to not more than three consecutive days.

(Ord. 408-98 (part), 1998)

One sign shall be allowed to be posted on the premises where the sale is taking place. The on-site sign shall not exceed six square feet. A maximum of two additional free standing signs may be posted off-site, subject to the written permission of the property owner on whose property said sign may be placed. Each off-site sign shall not exceed six square feet in size. No signs are permitted to be affixed to utility poles, street sign poles or similar facilities use for public purposes. Said signs shall be removed within forty-eight hours of the termination of the sale.

(Ord. 408-98 (part), 1998)

A. An application must be filed with the community development department, along with an affidavit which specifies the location of the property which the yard sale shall take place, the hours of operation and a statement that the goods and articles to be sold are the used personal household property of the owner and such goods and articles have not been purchased or accepted as assignment for the purpose of sale at such yard sale, and the location of any off-site signs advertising the sale.

B. The permit shall be prominently displayed at the location of the yard sale.

(Ord. 408-98 (part), 1998)

There shall be no fee for the permit to conduct a yard sale for the first three sales per calendar year, and fee established by the city pursuant to the city's fee resolution shall be charged for each additional sale after the third event. All fees are payable at the time the application is filed. Fees paid shall not be refundable. Exceptions: No fees shall be charged for a garage or similar sales for churches, public schools, fraternal organizations and other nonprofit entities.

(Ord. 408-98 (part), 1998)