Montclair Municipal Code Ch. 11.74 Yard Sales

Footnotes:

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Editor's note— Ord. No. 12-931, § 1, adopted June 4, 2012, repealed the former Chapter 11.74, §§ 11.74.010—11.74.040, and enacted a new Chapter 11.74 as set out herein. The former Chapter 11.74 pertained to similar subject matter and derived from prior code § 9-4.1817 and Ord. No. 99-791.

This chapter is intended to set forth guidelines under which yard sales may be conducted on properties legally developed with single- and multifamily residential uses. Yard or rummage sales that are conducted on property legally developed with private educational institutions or houses of worship shall be required to obtain a special event permit subject to the guidelines set forth in Chapter 11.68 of this title. Yard sales shall be prohibited on undeveloped properties or properties developed with land uses not specified above, except as provided for herein.

(Ord. No. 12-931, § 1, 6-4-12)

A. Every property owner or tenant desiring to exhibit, for sale purposes, identifiable or tangible personal property at a yard sale, moving sale, or estate sale shall, prior to conducting said sale, obtain a yard sale permit from the Community Development Department. Applications for yard sale permits shall be made on application forms furnished by the Department. At the time of application submission, applicants shall present a valid photo identification indicating they are a resident of the subject property. The yard sale permit application fee shall be established by resolution of the City Council.

B. The property owner or tenant of the subject property where an approved yard sale is being conducted shall be present for the entire duration of said yard sale.

(Ord. No. 12-931, § 1, 6-4-12)

Properties legally developed with single- or multifamily residential uses shall be permitted to conduct yard sales a maximum of four times per calendar year for a maximum duration of three consecutive days. Sales shall be permitted only on the first full weekends of the months of February, May, August, and November. As used in this chapter, "weekend" is defined as being from dawn Friday morning until dusk Sunday evening. Further, "first full weekend of the month" is defined as the first weekend where all three days are within the month in which a yard sale is allowed. For example, if January 31 were to fall on a Friday, then the February yard sale weekend would occur on the subsequent full weekend falling within the month of February (February 7 through 9).

(Ord. No. 12-931, § 1, 6-4-12)

A. Moving Sales. Residents of single-family dwellings who have sold, or entered into a contract to sell their home, shall be entitled to one moving sale per calendar year in addition to the four yard sales described in this chapter. Moving sales shall be for a maximum duration of three consecutive days with no restriction on days of the week. At the time of permit application, applicants shall provide proof that a real property sale agreement has been entered into or consummated for the subject property. The existence of a "for sale" sign on the subject property is not adequate substantiation for a moving sale.

B. Estate Sales. The family of a resident or residents of a single-family dwelling who has/have passed away is entitled to conduct one estate sale per calendar year in addition to the four yard sales described in this chapter. Estate sales shall be for a maximum duration of three consecutive days with no restriction on days of the week. At the time of permit application, applicants shall provide sufficient proof that the deceased person(s) lived at the subject property and shall also provide a copy of a death certificate indicating that the person(s) has/have passed within the previous six months.

Single-family residential properties meeting the criteria described herein shall be entitled to either one moving sale or one estate sale in the same calendar year.

(Ord. No. 12-931, § 1, 6-4-12)

Yard sales that are sponsored or cosponsored by the City, a City department, and/or the Montclair Chamber of Commerce may occur on property developed with land uses other than those specifically identified in Section 11.74.010 herein. Said community-sponsored yard sales shall be permitted only on the four weekends identified in Section 11.74.030 herein. The property owner or business hosting the event on its property shall obtain a special event permit pursuant to Chapter 11.68 of this title. Individual yard sale permits as described herein shall not be required of vendors participating in a community-sponsored yard sale. Community-sponsored yard sales shall comply with all other criteria and guidelines contained in this chapter.

(Ord. No. 12-931, § 1, 6-4-12)

All merchandise offered for sale at yard, moving, and estate sales shall meet the following criteria:

A. Merchandise shall be limited to household goods that were previously purchased, made, or grown onsite by the property owner or tenant conducting the sale. The sale of new merchandise or large quantities of commercially-obtained merchandise is not permitted.

B. Merchandise shall not be stacked, hung, piled, or otherwise displayed so as to adversely affect the residential appearance and/or property values of the surrounding neighborhood.

C. Merchandise shall not be stacked or piled at a height greater than five feet above natural grade and shall be displayed in a reasonably neat and orderly manner.

D. Merchandise shall not be stacked, hung, piled, or otherwise displayed in a manner that may reasonably impede the accessibility of emergency personnel to the residence.

E. Merchandise shall not be displayed on fences and walls or hung from trees or other appurtenances.

F. The display of merchandise shall not extend into the public right-of-way.

G. Property owners or tenants shall not be permitted to "sublet" their yard to outside individuals, companies, groups, entities, etc., for the express purpose of conducting a yard sale pursuant to this chapter.

(Ord. No. 12-931, § 1, 6-4-12)

In the event of inclement weather lasting longer than one day on a designated yard sale weekend, the Community Development Director may, at his or her discretion, allow permitted yard sales to occur on the subsequent weekend. Similar postponements of approved moving or estate sales shall be at the discretion of the Community Development Director. No additional permit or fees shall be required for a sale postponed solely because of inclement weather.

(Ord. No. 12-931, § 1, 6-4-12)

Two City-issued "Yard Sale" signs will be distributed with each yard sale permit. A maximum of two additional signs (for a maximum total of four signs per yard sale location) may be purchased from the Community Development Department. Signs shall only be placed, displayed, or affixed as follows:

A. Permitted Sign. Only "Yard Sale" signs issued by the City shall be permitted to be displayed.

B. Copy. Signs shall contain the City logo, the words "Yard Sale," and the street address of the event. Applicants may add other relevant or helpful information, such as a directional arrow. Homemade "Yard Sale" or directional signs shall be prohibited.

C. Placement.

1. Signs may be attached to wooden, metal, or plastic stakes and placed in a landscaped area on private property with the permission of the property owner or in a landscaped parkway adjacent to private property with the permission of the adjacent property owner.

2. Signs shall not be attached to utility, streetlight, traffic signal, or regulatory sign poles in the public right-of-way, or to improvements on private property other than that where the yard sale is being conducted. Such placement of signs shall be prohibited and subject to removal by City staff.

3. Signs shall not be attached to trees on public or private property, regardless of method of attachment.

4. Signs shall not be placed in the landscaped center medians of any street.

D. Removal. At the conclusion of the yard sale, applicants shall be responsible for removing all signs and methods of attachment or display. Violators may be subject to citation and fine.

(Ord. No. 12-931, § 1, 6-4-12)

Yard, moving, and estate sales are subject to inspection by Code Enforcement, Building, Police, Fire, and other City officials at all times during the operation to ensure compliance with this title. Violations of any parts of this Title may require immediate correction by the property owner(s) or tenant(s) conducting the sale. Failure to correct such violations may result in immediate cessation of the sale, citation, fine, and/or prohibition from conducting a yard sale at the subject location for up to a one-year period.

(Ord. No. 12-931, § 1, 6-4-12)