Fontana Municipal Code Art. I In General

(a) It shall be unlawful for any person to solicit, collect or receive money or property, or to solicit the sale of or to sell any article or thing or ticket of any kind, or hold, conduct or carry on a rummage sale, circus, bazaar, show, entertainment, concert or other enterprise or event not regularly carried on for private gain or profit, (referred to in this section as "activity"), where it is represented that the proceeds of such solicitation, sale or activity or any part thereof, are to be used for the purpose of charity, education or philanthropy, relief or benefit or civic development or betterment, without first obtaining and being the holder of a valid license so to do. Each charity solicitation license would cover from the date of issue through the end of that calendar year, provided there is compliance with the following:

(1) Articles of incorporation, or bylaws if an unincorporated association or organization.

(2) Determination letter from the United States Treasury Department (Internal Revenue Service) relating to federal taxes.

(3) Determination letter from the state franchise tax board relating to franchise taxes.

(4) Any further documents or statements which the collector may require to verify the facts upon which exemption is claimed.

For all other associations or organizations a charity solicitation license would be required for each drive or campaign for funds or property or each such activity.

(b) Such license shall be known as a "charity solicitation license" and shall be obtained through the collector. The license required by this section shall be required only of the person in charge of solicitation, sales or activity, but it shall be unlawful for any person to solicit as agent, servant or representative of an unlicensed person required under the provisions of this section to have such a solicitation license.

(c) Before issuing a charity solicitation license, the collector may make inquiry of the applicant, or any other person, concerning the plan of solicitation or conduct of such activity or the disposition of the proceeds thereof. If the collector has reason to believe that the method of solicitation or conduct of such activity, or the disposition of the proceeds, is or will be unfair, unjust, unlawful, illegal or inequitable, he shall refuse the license.

(d) Any charity solicitation license may be revoked or suspended by the city council for any fraud or misrepresentation committed by the licensee or his agents in and about solicitation or activity, or if, in the judgment of the council, any act committed or practice pursued in soliciting or the activity or the disposition of the proceeds is unjust, unfair or inequitable.

(e) Wherever, in the opinion of the collector, the activity for which the charity solicitation license is requested shall entail any expense to the city such as police protection or any other direct or indirect expenses, then the collector shall refer the request for such license to the city council for its decision, in which event the city council shall have the right to impose a reasonable charge to cover such expense.

(f) The license issued under this section will not cover fundraising activities otherwise specifically covered under other sections of this Code. This license shall not apply to any person operating any business, show, sale, exhibition or enterprise for profit who shares such profit with any such organization.

(g) A carwash license issued to associations or organizations will be limited to one license per calendar year. Carwashes that qualify as charitable under this section shall be exempt from section 30-1112.

(Code 1968, § 13-9; Ord. No. 1037, § 3(13-9), 11-19-91)

(a) Definition. A yard or garage sale shall mean any event where items of personal property owned, utilized, or maintained by the occupants of a dwelling unit, other than a licensed commercial business, are to be offered for sale to the general public.

(b) Prohibited sales. New merchandise, or items acquired or consigned for the purpose of resale may not be sold at a yard or garage sale. A yard or garage sale shall only take place on residential premises.

(c) Frequency and time. The frequency of a yard or garage sale in the City of Fontana shall be limited to no more than four specified weekends per calendar year. The city council may by resolution declare four yard/garage sale weekends in which yard or garage sales may be conducted, and may consider such factors as inclement weather or yard or garage sale weekends of neighboring cities, among other factors deemed relevant for setting such dates. Each dwelling unit may conduct a yard or garage sale on any of the four yard/garage sale weekends declared by the city council. The term "weekend" shall mean Friday, Saturday, and Sunday. Yard or garage sales shall only be conducted between the hours of 7:00 a.m. and 6:00 p.m.

(d) Signs. One double-faced sign, not to exceed four square feet in area on any one side, shall be permitted on the property where the yard or garage sale is located. In addition, two directional signs of the same size may be placed elsewhere, but only on private property and with the written consent of the owner or resident of such property. Signs shall not be nailed or affixed to any tree, fence post, public utility pole, or otherwise placed or located in, on, or over any public right-of-way, parkway, or publicly owned property. Signs may be posed only on the actual days of sale and only between the hours of 7:00 a.m. and 6:00 p.m.

(e) Display of goods. Sale goods shall not be displayed in, on, or over the public right-of-way, and all such goods shall be arranged so that fire, safety, health, and other officials will have emergency or enforcement access throughout the areas of display and sale at all times during the sale.

(f) Violation and penalty. Any person violating any of the provisions of this section is guilty of an infraction subject to graduated penalties with each successive violation thereof. The amount of the infraction penalties shall be established by separate city council resolution.

(g) Exceptions. The provisions of this section shall not apply to sales of personal property made under court order of process nor shall they apply to rummage sales or other fundraising sales conducted by nonprofit organizations.

(Ord. No. 1653, § 2, 1-24-12)

Editor's note— Ord. No. 1653, § 1, adopted Jan. 24, 2012, repealed the former § 15-2. Section 2 of said ordinance enacted a new § 15-2 as set out herein. The former § 15-2 pertained to yard sale permits and derived from Code 1968, § 13-11; Ord. No. 1037, § 3(13-11), adopted Nov. 19, 1991.

Notwithstanding any provision of this chapter, no person shall transact, perform, engage in and carry on in the City of Fontana any business, trade, profession, calling or occupation any business, operation or use that cannot be, or is not, conducted or carried out without being in violation of any federal, state, county or city law, ordinance or code.

(Ord. No. 1557, § 2, 7-10-07)