Lindsay Municipal Code § 8.16 Garage Sales

For the purposes of this chapter, a "garage sale" is defined as a sale, offer to sell, or holding for the purpose of selling, conducted by any person or persons, of household furnishings, goods or other tangible personal property, conducted in a noncommercial garage, yard, patio, driveway or on any portion of the premises in a residential zone. This definition does not include sales made on commercial premises properly licensed pursuant to Chapter 5.04 of this code.

(Ord. 380 § 3, 1982: Ord. 323 § 1, 1973)

1. Permit. No person shall conduct, promote, advertise or propose to conduct, promote or advertise a garage, yard, patio or similar sale without obtaining a permit from the city clerk.
2. Application and Fee. Any person desiring a permit to conduct, promote, propose or advertise a garage, yard, patio or similar sale as required by subsection A of this section, shall pay a fee (from time-to-time established by resolution by the city council) to the city clerk and shall make application for a permit to conduct, promote, propose, or advertise such sale. Said application for permit shall include, but not be limited to, the following information:
3. The full name and address of the applicant and/or person requesting permission to hold the sale.
4. The address of the property and general designation of the area on the premises where the actual sale will be carried out.
5. The date(s) which the proposed garage, yard, patio or similar sale will be conducted. No sale shall last for more than a three consecutive days.
6. A general description of the property proposed to be offered for sale.
7. A declaration, under penalty of perjury, that the person or persons conducting the sale are the owners or occupants of the property upon which the sale is to be conducted; that no more than two garage sale permits were issued to the applicant during the current calendar year permitting the conduction of a sale at the location of the proposed garage sale, and that none of the personal property offered for sale was purchased for resale or was supplied by anyone other than the principals listed in the permit, and that no more than one other person or family other than the owners or occupants of the premises upon which the garage sale is to be conducted will participate in the sale.

(Ord. 968 § 1, 1996: Ord. 323 § 2, 1973)

1. All garage, yard, patio or similar sales conducted within the city limits, whether for profit or nonprofit and conducted by the permit holder, his agent, employee, consignee or other person duly authorized by the permit, shall be subject to the following limitations:
2. Each sale shall be conducted only during daylight hours of any given day.
3. No sale shall exceed three consecutive days in duration.
4. No more than one sale may take place at a given address during any four-month period.
5. One additional person or family may jointly participate in a garage sale without the permit required in Section 8.16.020(A), provided the items offered for sale by such additional person or family are as defined in Section 8.16.020(B)(5) of this chapter.
6. No person shall sell or offer for sale personal property in any residential zone except personal property owned, utilized and maintained by such person in connection with the premises which they occupy, and no sale shall include personal property acquired solely for the purpose of resale or close-out of unused items.
7. Property offered for sale shall not be displayed on any sidewalk, street or other public right-of-way.
8. Advertising signs shall not be placed or otherwise displayed on any property other than the property where the sale is to be conducted. Such signs shall not exceed six square feet in size.
9. Any permit issued under the provisions of the chapter shall be prominently displayed at the location of the sale.
10. The above limitations and restrictions shall not apply to the sale of personal property made pursuant to court order or other lawful judicial process.

(Ord. 468 § 2, 1996: Ord. 323 § 3, 1973)

The city clerk shall revoke any permit for failure of the permittee to comply with all the provisions of this chapter.

(Ord. 323 § 4, 1973)

Any person denied a permit, or having had a permit revoked, may appeal the decision of the city clerk to the city council by filing with the city clerk within five days after notice of the denial or revocation, a written request for review of the decision and stating facts supporting the request. The council shall, upon review, affirm, modify or reverse the decision of the city clerk. The action of the council shall be final.

(Ord. 323 § 5, 1973)

It is unlawful for any person to promote, advertise or conduct any garage, yard, patio or similar sale without a permit issued pursuant to the provisions of this chapter, or in violation of any of the conditions of the permit, or the provisions of this chapter, or after revocation of a permit, and any violation of the terms of this chapter shall be an infraction with punishment as set forth in Sections 19(C) and 19(D) of the California Penal Code.

(Ord. 468 § 3, 1996: Ord. 323 § 6, 1973)