Chapter 5.40 — GARAGE SALES

"Applicant" means the person who makes application for a garage sale or estate sale permit. Each person who signs an application for a block sale permit is considered an applicant.

"Estate sale" means a garage sale at which the personal property of any deceased person by that person's representative, not otherwise prohibited by this Code, or any other law, is offered for sale, where such personal property is set out for public display and sale in any open garage, yard, or patio of any building or premises which contains one or more dwelling units.

"Garage sale" means the sale of or offering for sale the personal property of any person not otherwise prohibited by this Code, where such personal property is set out for public display and sale in any open garage, yard, or patio of any building or premises which contains one or more dwelling units. "Garage sale" includes estate sale and multi-family sale.

"Multi-family sale" means a garage sale conducted at one or more single-family residences, normally on the same street block or on adjacent intersecting street blocks, or a garage sale conducted at one or more units of a multi-family dwelling, sharing the same street address.

"Personal property" means the property of the person residing at the address where the garage sale is being conducted. "Personal property" does not include property that has been consigned to, or acquired by, such person for the purpose of resale.

(Ord. No. 342, § I, 7-14-2010)

Except for a person conducting an "estate sale" as defined in this chapter, no person shall offer for sale at a garage sale any property that is not the personal property of the permit applicant.

(Ord. No. 342, § I, 7-14-2010)

Every person engaged in operating a garage sale shall obtain a permit prior to commencement of the sale. For each permit issued, the applicant shall pay a fee as prescribed by resolution adopted by the city council. The permit fee shall be used to finance the cost of ensuring compliance with this chapter.

(Ord. No. 342, § I, 7-14-2010)

No permit fee shall be required for qualified senior persons seeking to operate a garage sale as established by resolution of the city council. The city council shall adopt reasonable rules and regulations regarding applying and qualifying for the senior exemption by resolution.

(Ord. No. 342, § I, 7-14-2010)

A.

Permits shall be issued according to street address. Except as authorized in section 5.40.080, permit applicants shall provide proof of residence at the address for which the permit is sought. For single-family dwellings, no more than two permits shall be issued to any one street address in any one calendar year for

any type of garage sale. For multi-family dwellings, no more than one permit shall be issued per street address per quarter, not to exceed four within any one calendar year.

B.

Each permit shall be for no more than three consecutive days. In the event of inclement weather on any two of those three days, the applicant may apply within one week of the first date originally scheduled for the sale for a no cost replacement permit. The replacement permit will not be counted toward the annual limit for that street address.

(Ord. No. 342, § I, 7-14-2010)

Should property offered for sale at a garage sale be impounded by law enforcement personnel to determine ownership and that property subsequently be returned to the applicant, the applicant may apply for a replacement permit to dispose of that property. The replacement permit will not count toward the annual limit for the applicant's street address.

(Ord. No. 342, § I, 7-14-2010)

A permit issued under the provisions of this chapter shall be nontransferable.

(Ord. No. 342, § I, 7-14-2010)

The permit required under this chapter shall be conspicuously displayed on the premises where the garage sale is conducted.

(Ord. No. 342, § I, 7-14-2010)

Permittees shall at all times comply with the provisions of this Code relating to the obstruction of streets and sidewalks. Permittees shall not use any public sidewalk, public street, or that space between the public sidewalk and curb commonly known as parkway, or any space above any portion thereof, for displaying for sale, or for any other purpose, any goods, articles, or other personal property.

(Ord. No. 342, § I, 7-14-2010)

Garage sales may only operate between eight a.m. and three p.m.

(Ord. No. 342, § I, 7-14-2010)

Each garage sale may be advertised by one sign, located on private property at the street address where the sale is conducted, not more than four feet in height nor more than six feet in area. Such sign must be removed at the end of the sale. No sign may be located on or fastened to any public property or any part of the public right-of-way.

(Ord. No. 342, § I, 7-14-2010)

Estate sales, as defined in this chapter, shall be subject to all of the provisions of this chapter concerning garage sales, except that the person serving as the representative of the deceased person may apply for a permit and may conduct the sale at either the residence of the deceased or at the residence of the representative, and may sell the personal property of the deceased as otherwise permitted by state law.

(Ord. No. 342, § I, 7-14-2010)

Multi-family sales, as defined in this chapter, shall be subject to all of the provisions of this chapter, except that the multi-family sale permit application shall include a list of all participating addresses and shall contain the signature of a resident of each of those addresses. Participating in a multi-family sale shall constitute one of the two garage sales permitted at each street address during each calendar year for single-family dwellings, and as one of the one per quarter, not to exceed four per calendar year per street address, for multi-family dwellings.

(Ord. No. 342, § I, 7-14-2010)

The first violation of any provision of this chapter shall be an infraction as provided in section 17 of the California Penal Code, and the penalty for the first such infraction shall be two hundred dollars. The second violation of any provision of this chapter shall also be an infraction, and the penalty for such violation shall be four hundred dollars. The third and subsequent incident of violation of any provision of this chapter shall be a misdemeanor, as defined in section 17 of the California Penal Code.

(Ord. No. 342, § I, 7-14-2010)