King City Municipal Code Ch. 5.26 Garage Sales

Garage Sale.

For purposes of this chapter, a “garage sale” is defined as a sale conducted indoors or outdoors on residential, church or meeting hall premises, at which miscellaneous items of personal property are offered for sale to members of the general public.

Nonprofit Corporation.

“Nonprofit corporation” has the same meaning as that given to the term in the California Corporations Code.

(Ord. 467 § 1, 1985; Ord. 595 § 1, 1998)

(a) Garage sales shall be conducted only after a garage sale permit has been issued by the city clerk. The person conducting the garage sale shall file a written application for garage sale permit with the city clerk. Residential garage sale permits shall be limited to two for any residence for the twelve-month period immediately preceding the application, but if occupancy for that particular residential premises address changes hands, the twelve-month period for that address starts anew. Nonprofit corporations conducting garage sales shall be entitled to four such permits for any twelve-month period. A garage sale consists of not more than one three-day sale.

(b) Garage sale permit applications must state:

(1) The name and address of the applicant, and the names and addresses of any persons owning an interest in the property to be sold, if different than that of the applicant, and a brief description of the property owned by persons other than the applicant;

(2) The location of the proposed sale;

(3) The dates during which the proposed sale is to be conducted; and

(4) A declaration under penalty of perjury that the persons conducting the sale are the owners of the property offered for sale, that the property to be sold has not been acquired by such person, or assigned to him or her, for the purpose of resale.

(c) Garage sale permits are not assignable or transferable between persons or premises.

(d) Applications for garage sale permits made by persons on behalf of nonprofit corporations shall be accompanied by proof of nonprofit status from IRS, the state of California, or other documentary proof satisfactory to the city clerk, or designee.

(Ord. 467 § 1, 1985; Ord. 595 § 1, 1998; Ord. 701 § 1, 2013)

No permit shall be approved and no sale shall be conducted for more than three consecutive days. Permittees may hold garage sales on consecutive weekends, but are limited to not more two days of sales each of those weekends. The sale shall not be conducted before eight a.m., or after six p.m. on the permitted days.

(Ord. 467 § 1, 1985; Ord. 595 § 1, 1998; Ord. 701 § 1, 2013)

Personal property offered for sale shall not be displayed within five feet of the public right-of-way.

(Ord. 467 § 1, 1985; Ord. 595 § 1, 1998)

Signs advertising a garage sale for which a permit has been issued under this chapter may be placed or erected on the sale premises, but not at any other location. No such sign shall exceed four square feet in area, and no such sign shall be displayed at times other than the day or days of the sale. Such signs shall be exempted from the requirement of a sign permit, or sign approval required elsewhere in this code.

(Ord. 467 § 1, 1985; Ord. 595 § 1, 1998)

Every person who, for him or herself or as the agent of another person, commences, engages in, conducts, or carries on any sale as provided in this chapter without obtaining a permit as required by Section 5.26.010, or who fails to comply with the conditions and provisions of this chapter, shall be guilty of an infraction.

(Ord. 467 § 1, 1985; Ord. 595 § 1, 1998)