Hesperia Municipal Code Ch. 5.56 Garage Sales

Footnotes:

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Editor's note— Ord. No. 2019-10, § 3(Exh. A), adopted August 20, 2019, amended ch. 5.56 in its entirety to read as herein set out. Former ch. 5.56, §§ 5.56.020—5.56.060, pertained to similar subject matter, and derived from Ord. 49 §§ 2—6, 1989; Ord. 250 (part), 1997.

A. No person shall sell or participate in the sale of personal property (excluding motor vehicles) to the general public by means of a garage sale, unless a garage sale permit is obtained.

B. Motor vehicles may not be sold by means of a garage sale.

C. The terms "garage sale," "yard sale," "estate sale," "estate auction," "rummage sale," or any variation thereof, have the same meaning and intent under this code.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Any person intending to conduct a garage sale to the general public shall file an application no more than fifteen (15) days prior to the date of such sale.

B. The applicant shall state the date and location of the proposed sale and the name(s) of the person(s) who will be conducting the sale. The permit shall be issued by the development services department for a period not to exceed three days. The permit may be summarily revoked by the city after written notice has been mailed or personally served to the applicant that a violation has occurred, or false information/representation is contained within the application. If the applicant provides satisfactory explanation of the violation, false information/representation, the city manager may reactivate the permit.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Lots With One Dwelling or Primary Sponsor (e.g., church).

1. No person shall conduct more than four garage sales in a calendar year.

2. A minimum of eleven (11) days shall elapse between lawfully conducted garage sales on the lot or parcel. A sale shall only be conducted between the hours of 8:00 a.m. and 8:00 p.m.

B. Lots With More Than One Dwelling or Primary Sponsor. Lots or parcels having more than one dwelling unit or primary sponsor shall conduct garage sales as allowed by the following table.

Number of Garage Sales Per Lot or Parcel

;hn0; (Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Personal property offered for sale shall not be displayed or stored in adjoining public streets, alleys or rights-of-way but must remain on private property at all times. All articles shall be removed from the front or side yard before the close of the last day on which the garage sale is to be lawfully conducted.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

The intent of a "garage sale" is by definition an opportunity to sell personal property no longer useful to its rightful owner and available for purchase by the public at the approved garage sale site. Sale of bulk and pre-purchased new items is prohibited, as this constitutes an illegal activity. For instance, while a reasonable person may expect to have one or a few of any one item for sale, such as a car seat or television, it is not reasonable to expect that a person would own many of that item, such twenty-five (25) car seats or ten televisions and have them offered for sale.

If upon inspection it is apparent that the items for sale at the garage sale are not within a reasonable person's expectations for new or used items for sale of personal property, and it appears that the intent of the sale is for a business to circumvent the provisions of this code and create a retail opportunity without an approved retail location, the sale shall be considered a public nuisance and subject to the enforcement procedures of Title 1 of this code.

Operation of a garage sale outside the provisions of this chapter and without a valid permit shall be considered a public nuisance and subject to the enforcement procedures of Title 1 of this code.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Except as otherwise provided, signs advertising a garage sale shall be displayed only on the premises on which the sale is conducted and no sign shall exceed four square feet. Two off-site directional signs may be permitted, provided that written permission to erect or affix such signs is received from the property owners on whose property such signs are to be placed. The location of such signs shall be noted on the permit. Signs may be displayed only during the hours the sale is actively being conducted and shall be removed at the close of sale activities, or at nightfall, whichever first occurs, each day. No sign may be placed in any public right-of-way or on any telephone pole, street intersection sign, or utility pole. Each sign shall bear the permit number of the permit for the sale it advertises.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)