La Puente Municipal Code Ch. 5.50 Yard Sales

Sections:

• 5.50.010 Permit required.

• 5.50.020 Exemptions.

• 5.50.030 Definitions.

• 5.50.040 Information required for application.

• 5.50.050 Criteria for issuance or denial.

• 5.50.060 Conditions.

• 5.50.070 Operating requirements.

• 5.50.080 Additional grounds for modification, revocation or suspension.

No person shall engage in, conduct or carry on a yard sale without a permit issued pursuant to this chapter. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 29 (part), 1999)

The provisions of this chapter shall not apply to: (a) religious institutions, schools, charitable organizations or other conditionally permitted uses on residentially zoned property if the property is not being used for residential purposes; or (b) regular commercial enterprises conducted from a fixed place of business provided such business has applied for and received a business license issued by the city of La Puente.

(Ord. 788 § 29 (part), 1999)

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

(a) “Director” means the community development director of the city of La Puente or his or her designee.

(b) “Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.

(c) “Yard sale” means a sale of personal household property held on the premises of a private single-family or multiple-family residence by the owner, owners, tenants or occupants thereof. “Yard sale” includes garage sales, lawn sales, attic sales, rummage sales, moving sales, patio sales and estate sales that meet the definition set forth in this section.

(Ord. 788 § 29 (part), 1999)

The applicant shall submit an application containing the following information:

(a) The name of the applicant;

(b) The applicant’s address and the address where the yard sale will take place;

(c) The area within the property where the sale is to be held;

(d) The date(s) and hours of the sale;

(e) A general description of the type of merchandise to be sold and the source of such goods; and

(f) A signed declaration that the applicant resides at the property where the sale is to be held and that the applicant is the owner of all of the property to be offered for sale.

(Ord. 788 § 29 (part), 1999)

Within ten calendar days after submittal of a complete application, the director shall issue a yard sale permit unless the director determines that the applicant has made a material misrepresentation in the application or the director determines that the yard sale, as proposed, will violate the provisions of this chapter, or will violate the provisions of any other local, state or federal regulation.

(Ord. 788 § 29 (part), 1999)

The director may impose conditions upon the approval of a yard sale permit for the purpose of ensuring that the yard sale complies with the regulations set forth in this chapter and all other local, state and federal regulations.

(Ord. 788 § 29 (part), 1999)

(a) Frequency and Duration. No yard sale shall be conducted by any person or at any location more frequently than once every six months. Furthermore, yard sales shall be limited to a period of two consecutive days.

(b) Hours of Sale. No yard sale shall begin before nine a.m. nor continue beyond six p.m.

(c) Permitted Locations. Yard sale items shall be displayed or stored only within a permanent structure or in the driveway, front yard, side yard or backyard. Yard sale items will not be placed on or within three feet of the sidewalk or street.

(d) Ownership of Property. Merchandise sold at a yard sale shall be limited to property owned exclusively by the person conducting the yard sale.

(e) Inspection. All merchandise offered for sale at a yard sale shall be made available for inspection by the Los Angeles County sheriff’s department. If requested by the sheriff’s department, the person conducting the sale shall produce evidence of title or ownership to the merchandise offered for sale.

(f) Advertising. Placement of the sign or signs shall comply with the following criteria:

(1) Location. No sign or other form of advertisement of a proposed yard sale shall be placed upon any public property within the city or upon any other property within the city, except upon the premises where a sale is legally permitted.

(2) Vehicle Signs. No sign or other form of advertisement for a yard sale shall be placed or posted on the exterior of any vehicle.

(Ord. 788 § 29 (part), 1999)

In addition to the grounds set forth in Section 5.08.110(b) of this title, the director may modify, revoke or suspend a yard sale permit if he or she makes finds that:

(a) The yard sale is not being conducted as approved, as conditioned or in accordance with the operating requirements in Section 5.50.070 of this chapter; or

(b) The Director or the Los Angeles County sheriff’s department determines that the yard sale is being conducted in a fraudulent, disruptive or disorderly manner, or in a manner that endangers the public health, safety or welfare.

Upon suspension of a yard sale permit, the permittee shall immediately end the sale and remove all signage relating to the sale from public view. In addition, all property for sale shall be removed from view or access by the public.

(Ord. 788 § 29 (part), 1999)