El Monte Municipal Code Ch. 5.44 Garage Sales

"Garage sales" as used in this chapter means the sale of personal property in, at or upon any residentially zoned property, or upon any commercially zoned property independent of any business licensed under Chapter 5.08 of this title to conduct retail sales upon such property. Garage sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any such sale, whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale or any similar designation.

(Prior code § 6399.51)

Except as otherwise provided in this chapter, no person shall display for sale, upon any residentially zoned property or upon any commercially zoned property except in connection with a business licensed to conduct retail sales under Chapter 5.08 of this title, nor advertise the availability for purchase at any such location, nor sell or offer to sell at any such location, any personal property.

(Prior code § 6399.51.1)

No person shall display, sell or offer to sell at any garage sale any personal property other than personal property owned by the occupant of the premises upon which such garage sale is conducted and which personal property was acquired for and used by such occupant or members of his or her family on or in connection with the premises upon which such garage sale is conducted by or on behalf of any person exempted from license fees by 5.04.080C of this title.

(Prior code § 6399.51.2)

No personal property sold or offered for sale at any garage sale shall be placed, kept or displayed on or in any public right-of-way. Similarly, no garage sale sign or yard sale sign, as defined under Section 17.152.060 of this code may be displayed, posted or placed within the public right-of-way or encroach upon the public right-of-way or be attached or affixed to any public utilities, equipment and improvements located within the public right-of-way as the term "public improvements" is defined under Chapter 17.152 of this code. For purposes of this chapter, the term "public right-of-way" shall have the same meaning as the term "public thoroughfare" as set forth under Chapter 17.152 of this code.

(Prior code § 6399.51.3; Ord. No. 2831, § 16, 9-24-2013; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

Notwithstanding Section 5.44.040, not more than one motor vehicle offered for sale may be kept or displayed on any portion of a permanently constructed driveway on the property owned or occupied by the owner of such vehicle.

(Prior code § 6399.51.3.1)

Garage sales may be conducted only on the first weekend in the months of March, June, September and December of each year commencing from and after January 1, 1998. "Weekend" as used in this chapter means Saturdays and Sundays from eight a.m. to five p.m. inclusive. The City Administrator shall have the authority to select an alternate weekend if a designated weekend is not available for garage sales due to inclement weather or an emergency.

(Ord. 2465 § 1, 1997: prior code § 6399.51.4)

No person shall conduct more than two (2) garage sales during any consecutive twelve (12) month period.

(Ord. 2465 § 2, 1997: prior code § 6399.51.5)

A. Not more than two (2) signs advertising a garage sale may be maintained anywhere upon residentially zoned property. No sign shall contain more than six (6) square feet of area on any one side. No sign shall be erected or maintained upon residentially zoned property for a period of more than one day immediately preceding the lawful commencement of such garage sale. Each sign shall be removed on or at the close of the last day on which the garage sale may lawfully be conducted pursuant to this chapter.

B. Any person violating subsection A of this Section shall be charged a fee of five dollars ($5.00) for each such unlawful sign. No permit for a subsequent garage sale shall be issued prior to payment of all such fees due and owing.

(Prior code § 6399.51.6)

The provisions of this chapter shall not apply to any of the following:

A. To the sale of personal property made pursuant to a court order or judicial process; and

B. To a garage sale conducted by a nonprofit organization which is exempt from the payment of business license taxes pursuant to this code.

(Ord. 2465 § 3, 1997: prior code § 6399.51.7)