Cupertino Municipal Code Ch. 5.16 Garage and Patio Sales

The City Council finds and declares as follows:

A. The practice of holding garage and patio sales in the City has surpassed the casual nature, and, in some instances, has become a continuous professional, commercial activity;

B. Such activity is contrary to the residential character of the areas in which such sales are held;

C. Such activity threatens the public health, safety and general welfare of the residents of the City.

(Ord. 737, (part), 1976; Ord. 549, § 1, 1972)

For the purposes of this chapter the following words shall have the meanings respectively ascribed to them by this section:

A. “Sale” means any display or presentation of any merchandise or article in a garage or patio upon any residential premises, which merchandise or articles are offered in exchange for money, trade, barter, swap, or other disposition;

B. “Garage” means that portion of any residential premises which is partially or wholly enclosed and is normally used for the storage of automobiles;

C. “Patio” means that portion of any residential premises surfaced with concrete, brick asphalt, or gravel, which is normally used for out-of-doors leisure living, and includes, without limitation, any walkways or access to such patio.

(Ord. 737, (part), 1976; Ord. 549, § 2, 1972)

It is unlawful for more than two garage or patio sales to be conducted by the same person or persons at the same location within the City in any twelve month period. It is unlawful for any garage or patio sale to be conducted for a greater period of time than two consecutive weekends of two days each.

(Ord. 737, (part), 1976; Ord. 549, § 3, 1972)

A. The use of signs in connection with garage and patio sales is governed by Section 19.104.250 of this code.

(Ord. 1705, (part), 1995; Ord. 1625, 1993; Ord. 737, (part), 1976; Ord. 549, § 4, 1972)

In any prosecution charging a violation of Section 5.16.040, it shall be presumed, subject to rebuttal, that the person who placed, erected or displayed any illegal sign is one of the following:

A. The person who is conducting the sale; or

B. The owner of the residential premises of which the garage or patio is part.

(Ord. 771, (part), 1976)

All goods to be sold shall be contained within the garage, in the patio area, the driveway or the front yard of the premises.

(Ord. 1705, (part), 1995; Ord. 737, (part), 1976; Ord. 549, § 5, 1972)

There is conferred upon the City Manager those powers and duties necessary for the administration of this chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such City officers and employees as may be required to carry out the intent and purpose of this chapter.

(Ord. 737, (part), 1976; Ord. 549, § 6, 1972)

Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12.

(Ord. 1179, § 2 (part), 1982; Ord. 737, (part), 1976; Ord. 549, § 7, 1972)