Chapter 5.40 — YARD SALES

The city council finds that it is a common practice for persons residing in the city to conduct yard sales, as they are defined in this chapter, and that some such sales are in fact commercial enterprises which are carried on without business licenses and in areas not zoned for commercial enterprises. Because such sales are not regulated, and may be used for the disposition of property illicitly obtained, it is deemed necessary to regulate such sales.

(Ord. 326 §1, 1979).

As used in this chapter, "yard sale" means a sale by an individual or group of individuals of items of personal property, conducted at a place of residence, as an occasional sale and not on a regular basis. The term is synonymous with the term "garage sale." Yard sale, as used in this chapter, shall not include a rummage sale, conducted by a bona fide, nonprofit organization, conducted at any public building, church, or building in a commercial zone.

(Ord. 326 §§2, 8, 1979).

One or more persons may join together in conducting a yard sale, and conduct such sales more than once each year, if such persons have obtained a business license from the city and have paid the fee provided by Section 5.20.420, and further provided, that such sale is not conducted in any R zone in the city. Sales shall begin no sooner than eight a.m. of any day, and shall end at sunset of a sale day.

(Ord. 326 §4, 1979).

No yard sale shall be conducted by any person or persons in the city without first having obtained a permit from the city to conduct such sale.

(Ord. 326 §6, 1979).

An application to hold a yard sale shall be made to the city clerk not less than seven days prior to the first day of such sale. The application for a permit shall give the names of all persons participating in such sale, the address where the same will be held, a general description of the personal property to be sold, the date or dates of the sale, and an express agreement and acknowledgment of the applicant or applicants that only personal property owned by the applicants may be sold, and that no personal property purchased for

the purpose of resale at a yard sale may be sold at such sale. Such permit shall be granted by the city clerk without fee, provided the applicant or applicants, or any of them, have not conducted a yard sale in the city within the year preceding the application for a permit. The applicants shall further agree in the application to permit an inspection of the personal property being sold by any peace officer, such inspection to take place during the hours of sale.

(Ord. 326 §7, 1979).

It shall be lawful for any person or persons to conduct a yard sale at a place of residence; provided, that no such person or persons shall conduct more than two such yard sales per calendar year, and such sales shall not take place over a longer period than three consecutive days. It shall be lawful for two or more persons having adjacent places of residence to join together in such a sale and each person joining in such sale shall not participate in more than one additional yard sale during that calendar year. Goods sold at a yard sale shall be personal property owned by the seller or sellers and shall not in any case include merchandise or personal property purchased elsewhere for resale at a yard sale. In any case where the state of California requires a resale permit for the sale of merchandise, the person or persons conducting the sale shall have first obtained such resale permit.

(Ord. 359 §1, 1980: Ord. 326 §3, 1979).

It is unlawful for any person or persons to advertise a yard sale by attaching notices or posters to structures, signs or sign supports, utility poles or other supports, except upon the premises where the sale is being conducted, without first having obtained consent of the owner of such support to post such notice or poster.

(Ord. 326 §5, 1979).

Any person or persons violating the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable as provided by law. (Ord. 326 §9, 1979).