Delano Municipal Code Ch. 6.22 Garage Sales in Residential Districts

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Editor's note— Ord. No. 2011-1235, § 1(exh. A), adopted Sept. 6, 2011, repealed former Ch. 6.22, §§ 6.22.010—6.22.120, and enacted a new Ch. 6.22 as set out herein. The former Ch. 6.22 pertained to similar subject matter and derived from: Ord. 2008-1178 § 1(part), 2008.

This chapter shall be known as the ordinance regulating garage sales in the residential zoning districts of the city.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

The purpose of this chapter is to promote and maintain the general health, safety and welfare of citizens within residential neighborhoods of the City of Delano, by regulating and controlling residential garage sales within the City of Delano.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

For purposes of this chapter, "garage sale" means and includes all occasional sales conducted indoors or outdoors on residential premises by the occupant of those premises (either as an owner, renter) where miscellaneous items of tangible personal property are offered for sale to the general public. Unlicensed home businesses conducting wholesale or retail sales of goods, is not considered a garage sale under this chapter, and must comply with the City of Delano business licensing requirements.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

A. It is unlawful for any person to conduct a garage sale in the city without first filing with the finance department the information hereinafter specified and obtain from such clerk a license to do so, to be known as a garage sale license. The fee for each garage sale permit shall be ten dollars. For seniors age sixty and up, there will be no fee, provided sufficient evidence of residency and age of the senior conducting or applying for the garage sale permit at the property is supplied to the city.

B. Before a garage sale permit is issued, the person or persons conducting the sale shall file a written application for a permit with the finance director paying the required nonrefundable application fee. The permit application shall be under penalty of perjury and shall contain the following information:

1. Name, address and telephone number of person, firm, group, corporation, association or organization conducting such garage sale and applying for the garage sale permit;

2. Name of owner of the property on which such garage sale is to be conducted, and state that the person conducting the garage sale has the consent of owner if applicant is other than the owner;

3. Locations at which the garage sale is to be conducted;

4. Specific date and number of days for the garage sale;

5. Date and nature of any past garage sale;

6. Relationship or connection applicant may have had with any other person, firm, group, organization, association or corporation conducting such garage sale and the date or dates of such garage sale;

7. Whether or not applicant has been issued any other vendor's license by any local, state or federal agency;

8. A statement that the person or persons conducting the garage sale is/are the owners of the personal property offered for sale, and that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale;

9. Sworn statement or affirmation by the person signing the application that the information therein given is full and true and known to him/her to be so.

C. Each garage sale permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed garage sale and shall be removed at completion of sale.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2022-1334, § 3(Exh. A), 4-18-2022)

Except as provided in Section 6.22.030 of this chapter, no more than twelve permits shall be issued to the same person or for the same premises during any calendar year. No permit shall be transferable to another person or to another premises.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)

No permit shall be approved and no sale shall be conducted unless under the following conditions:

A. Garage sales will only be authorized twelve times a year.

B. Garage sales shall take place only on the first full three-day weekend (Friday, Saturday and Sunday) of each month during the calendar year.

C. Garage sale shall not be conducted before 7:00 a.m. or after 6:00 p.m. on the permitted days.

D. Scheduled dates for garage sales within the city will not be rescheduled due to inclement weather.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)

Personal property offered for sale shall not be displayed within the public right-of-way of any residentially zoned premises.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

Signs advertising a garage sale for which a permit has been issued under this chapter may be placed or erected on the sale premises subject to the following conditions:

A. No sign shall exceed four square feet in area.

B. No sign shall be displayed at times other than the permitted time of sale. Such signs shall be exempt from other requirements of this Code.

C. No sign shall be posed on city-installed traffic control signs or posts, city property, or city easement.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

The permit can be cancelled, by the legal applicant, up to 4:30 p.m. on the day prior to the date(s) of sale. Voluntary cancellation of any garage sale permit shall result in the forfeiture of any and all permit fees by the applicant.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

The provisions of this chapter shall not apply to or affect the following persons or sales:

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

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

C. Any person selling or advertising for sale any item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed two in number. Any item listed for sale must be the lawful property of the seller. The property owner, unless licensed for home sales, may not take items on consignment to sell for another person.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

It shall be unlawful for any property owner, renter, guest at any permitted garage sale within the City of Delano, to sell or offer for sale, any food, beverage, vegetable, fruit, or any other items designed for human consumption.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

Any person who is found to have in their possession or on their property, displaying, or otherwise using a fraudulent, fictitious or forged City of Delano garage sale permit shall be in violation of this chapter.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

Nothing in this chapter shall prohibit the chief of police or any member of the Delano Police Department, Code Enforcement, or their agents authorized to enforce this chapter, to seize any or all items of merchandise offered for sale at any garage sale, or signs placed in unauthorized areas of the City of Delano. All actual costs associated with storage of such seized items being held as evidence in any court proceeding shall be the responsibility of the owner or seller of such item(s), and the city manager, or his or her authorized representative, may seek all logical courses of action to recoup such costs to the city.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

Every person who, for himself or herself, or as the agent of another, commences, engages in, conducts or carries on any sale as provided in this chapter without procuring the permit required by Section 6.22.040, or who fails to comply with the conditions and provision of this chapter shall be punishable by:

A. A fine not exceeding one hundred dollars for a first violation.

B. A fine not exceeding two hundred dollars for a second violation within the same calendar year.

C. A fine not exceeding five hundred dollars for the third violation within the same calendar year.

D. A fine not exceeding one thousand dollars for each additional violation within the same calendar year.

E. For the purpose of this chapter, a calendar year shall begin at 12:01 a.m. on January 1 of the current year and terminate at midnight on December 31 of that same year.

F. In addition to the penalties established by the chapter, violations of any section of this chapter will result in the garage sale being ordered terminated by the chief of police or his designee.

(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)

Garage sales conducted by bonified nonprofit organizations as defined by Chapter 6.48, Section 010, of the Delano Municipal Code, for fundraising efforts are exempt from this chapter. Nonprofit organizations shall be required obtain a special events permit and comply with all other City of Delano regulations.

(Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)