Chapter 5.40 — GARAGE SALES

For purposes of this chapter "garage sale" means any event where items of personal property, other than a licensed commercial business, are offered for sale to the general public. "Garage sale" also includes garage, yard, patio, and similarly conducted sales.

(Ord. 525 § 1(part), 1988).

Garage sales are not permitted within the city unless they meet all of the following criteria:

• A. All items offered for sale shall have been owned by the sellers thereof for a period of not less than six months prior to the sale;

• B. No resale items shall be offered for sale;

• C. The garage sale shall not exceed seventy-two hours in length;

D. The location of the sale shall not be conducted where there has been a prior garage sale within the past ninety days, nor shall there have been more than one sale at the location within the past three hundred sixty-five days;

E. No person, firm or organization selling items at the sale shall have been a seller of items at a prior garage sale within ninety days of the current sale, nor shall any seller have sold items at a prior garage sale more than once within three hundred sixty-five days before the current garage sale;

F. No signs shall be permitted advertising the sale which are not located on the premises where the sale is being held, except that no more than two off-premises signs shall be allowed within a fifteen hundred foot radius of the location of the sale; provided, that these off-premises signs shall not be located on public property or rights-of-way and further provided that these signs shall be taken down within twenty-four hours of the garage sale's conclusion;

G. Only one sign shall be permitted on the premises where the sale is being held and the sign shall not exceed four square feet in size;

H. No sale items shall be displayed or stored on public property or right of way.

• (Ord. 525 § 1 (part), 1988).

Pursuant to the provisions of California Penal Code, Section 836.5, the chief of police, or specific individuals deputized by the chief of police, may arrest a person without a warrant whenever the chief or the authorized deputy has reasonable cause to believe that the person arrested has conducted a garage sale in violation of Section 17.81.020. The officer making the arrest under the authority of this section shall follow the citation-release procedures prescribed by the California Penal Code, or such procedures hereinafter enacted by the state of California.

(Ord. 525 § 1 (part) , 1988).