Duarte Municipal Code Ch. 5.29 Garage and Yard Sales

GARAGE OR YARD SALE. The phrase "garage or yard sale" means any sale of personal property on residentially zoned property to which the public is invited or encouraged to attend.

(Ord. 480 § 1 (part), 1980)

No person shall conduct a sale regulated by this chapter until such person has applied for and received a permit from the director of community development. Said permit shall be issued upon payment of a fee established by resolution of the city council.

(Ord. 781 § 1 (part), 2006; Ord. 480 § 1 (part), 1980)

No goods, wares or merchandise shall be permitted to be offered for sale at the garage or yard sale if such goods, wares or merchandise have been ordered, purchased or acquired in contemplation of conducting such sale.

(Ord. 480 § 1 (part), 1980)

No more than two garage or yard sales shall be conducted in any calendar year at any single address. No such sale shall exceed two consecutive days in duration. All such sales shall commence no earlier than seven a.m. and shall conclude no later than sunset.

(Ord. 480 § 1 (part), 1980)

No merchandise to be sold, leased or displayed shall be placed or displayed on public property or in the public right-of-way.

(Ord. 689 § 1, 1992: Ord. 480 § 1 (part), 1980)

In order to advertise a garage or yard sale, an applicant will be allowed a total of three signs. The following regulations shall apply:

(a) Private property signs are limited to six square feet apiece and shall be placed on the property where the sale is to take place and/or other private property if permission is granted by the owner. Such signs may not be posted before twelve p.m. the day before the sale and shall be removed by six p.m. on the termination date of the sale.

(b) Public right-of-way signs are to be approved by the community development department prior to installation. Such signs shall be limited to six square feet in area and shall be professionally made, mounted on a single stake. The following limitations apply:

(1) No sign shall be placed to interfere with pedestrian and/or vehicular traffic, or interfere with residential, commercial or industrial property, or placed in violation of Section 9.34.030, excepting subsection (h), of this code.

(2) No signs shall be placed on public property any earlier than twelve p.m. the day before the sale starts and shall be removed by six p.m. on the termination date of the sale. Signs put up prior to or left after these times will be removed by the city.

(3) Signs will not be allowed on vehicles parked along private property or public streets or in any manner prohibited in Sections 19.80.070 and 19.80.087 of this code.

(Ord. 689 § 2, 1992)

A person desiring to conduct a sale regulated by this chapter shall make a written application to the director of community development, at least fifteen days prior to the commencement of the sale, setting forth and containing the following information:

(a) The true name and address of the owner of the goods to be the object of the sale;

(b) The address of the place where such sale is to be held;

(c) The dates of the period of time in which the sale is to be conducted;

(d) The means to be employed in advertising such sale together with the proposed content of any advertisement;

(e) Such other information as the director of community development shall reasonably require.

(Ord. 480 § 1 (part), 1980)

(a) Upon the filing of the application, the director of community development may make or cause to be made an examination, audit or investigation in relation to the proposed sale. If the director of community development finds that the statements in the application are true, he shall issue the permit. The director of community development may refuse a permit because of the insufficiency of the information set forth in the application, but in such event, the director of community development shall grant permission to file an amended application.

(b) The director of community development may refuse to issue a permit to any person who has heretofore violated any provisions of this chapter.

(Ord. 480 § 1 (part), 1980)

The provisions of Section 5.28.150 shall apply, and are incorporated herein by this reference.

(Ord. 480 § 1 (part), 1980)