Lompoc Municipal Code Ch. 5.52 Garage Sales

No person shall sell personal property from any residentially zoned property or from any residence in any commercial or industrial zone within the City of Lompoc without obtaining a garage sale permit. Garage sale permits shall be issued only to single-family dwelling units and to units in multiple-family dwelling projects when the landlord, project or building manager, or association of dwelling unit owners has in writing agreed to the holding of the garage sale. Garage sale permits may also be issued to any bona fide charitable, eleemosynary, cultural, or governmental institution or organization, provided that the sale is conducted from a single-family dwelling unit or building regularly used by the institution or organization and only when the proceeds from the sale are used directly for the institution or organization's purpose and the goods or articles are not sold on a consignment basis.

(Prior code § 8893.1)

A. Application for a garage sale permit shall be made to the Community Development Department on forms supplied by the Department. The application form shall specify the location of the sale, the name of the person applying for the permit, the name of the owner or tenant on the property at which the sale will be conducted if said name is different than that of the person applying for the permit, an affirmative statement that the property to be sold is owned by the applicant as applicant's own personal property and was neither acquired nor consigned for the purpose of resale.

B. Each application shall be accompanied by a garage sale permit fee in the amount established by City Council resolution. Said fee shall not be refundable.

(Prior code § 8893.2)

A. The permit shall set forth and restrict the time and location of the garage sale permitted. No more than one such permit may be issued to one single-family dwelling unit during any six-month period. If members of more than one residence join in requesting such a permit, then such permit shall be considered as having been issued for each and all of said residences.

B. The garage sale shall be limited to being conducted during the daylight hours of no more than three consecutive days.

C. Before issuing a permit, the Community Development Department may conduct an investigation as may be reasonably necessary to determine if there will be compliance with this Code.

(Prior code § 8893.3)

A. If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and a sworn statement to this effect is submitted, the Community Development Director may issue another permit for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee is required.

B. An additional garage sale shall be permitted within the six-month period if satisfactory proof of a bona fide change in ownership or occupancy of the real property is presented to the Community Development Department.

C. Personal property offered for sale may be displayed only within the residence, in a garage, carport, or in a front, side, or rear yard. No personal property offered for sale at a garage sale shall be displayed in any public right-of-way.

D. Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public.

E. Two signs of not more than four square feet each shall be permitted to be displayed on the property of the residence where the garage sale is being conducted. Such signs shall be displayed only during the actual hours of the sale. Signs shall be located on the same property as the sale and shall not be attached to any telephone pole, power pole, street light pole, street tree, or fire plug, or located in the public right-of-way. Signs must be removed each day at the close of the garage sale activities. No other signs shall be allowed.

F. The individual to whom such permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the carrying out of the regulations governing garage sales and the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the Police or Fire Department of the City of Lompoc in order to maintain the public health, safety, and welfare.

G. The parking of vehicles of those conducting the sale and attendees thereat shall be conducted in compliance with all applicable laws and ordinances. The Police Department may enforce such temporary controls as may be necessary to alleviate any special hazards or congestion created by any garage sale.

H. No property shall be sold which was acquired or consigned for the purpose of resale. Friends or neighbors may combine efforts and property for any sale.

(Prior code § 8893.4)

Any garage permit issued pursuant to this Code may be revoked or any application for issuance of permit may be refused by the Community Development Department if the application submitted by the applicant or permit holder contains any false, fraudulent, or misleading statement.

(Prior code § 8893.5)

A. The provisions regulating garage sales shall not apply to or affect any person or sale specified in this Section.

B. The sale of goods pursuant to an order or process of a court of competent jurisdiction shall not be subject to a garage sale permit.

C. A garage sale permit is not required for any sale conducted by a merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the City of Lompoc, which sale is not otherwise prohibited by law.

D. A garage sale permit is not required for the occasional sale of personal property which has been specifically listed in and advertised for sale in a publication of general circulation.

(Prior code § 8893.6)