Pacifica Municipal Code Ch. 15 Garage and Rummage Sales

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Garage sale" shall mean a yard sale, patio sale, garage sale, or any similar sale of merchandise by an individual or group for profit when the merchandise to be sold is offered to the general public, all of which sales shall be conducted within a building.

(b) "Nonprofit organization" shall include, but not be limited to, fraternal organizations, hobby societies, educational societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups, and parent-teacher organizations.

(c) "Rummage sale" shall mean a rummage sale, white elephant sale, auction sale, or any similar sale of merchandise by a nonprofit organization when the proceeds of such sale are intended to be used in a community service, child or youth activity, or for charitable or other welfare work.

(§ 1, Ord. 49-C.S., eff. March 29, 1972)

(a) Garage sales shall be limited to three (3) such sales in each calendar year for each individual or group. An individual may participate in selling his own property in not more than three (3) such sales in any calendar year, whether acting alone or as a part of a group. No such sale shall be conducted for a continuous period of more than three (3) calendar days.

(b) Merchandise offered for sale at a garage sale shall consist of used or secondhand material owned by the seller for a period of not less than six (6) months prior to the date of such sale, except that in the case of a seller leaving the community, a shorter period of ownership will be allowed provided the merchandise was purchased for actual use by the seller, and the necessity for such sale of the merchandise could not have been foreseen at the time of such purchase.

(c) One temporary sign not exceeding six (6) square feet in area advertising a garage sale on the premises where the sign is posted shall be permitted for a period not to exceed three (3) calendar days. The removal of such sign shall occur immediately upon the conclusion of the garage sale or at the end of the third calendar day, whichever occurs first. Two (2) temporary signs, not exceeding three (3) square feet in area, for the purpose of directing traffic to a residential garage sale shall be permitted at locations other than on the premises where the garage sale is being conducted. Such signs may be posted for not more than three (3) continuous calendar days coinciding with the days of the conduct of the sale. None of such permitted signs shall be placed in a public right-of-way nor be attached to any public property in a public right-of-way, including, but not limited to, utility poles, sign poles, walls, buildings, or trees.

(d) Items for sale may extend into yards or driveways as long as the sale items are removed from the outdoor areas at the end of each day.

(e) Garage sales shall not be restricted as to location because of the zoning regulations, except that such sales shall be conducted on private property and shall not be permitted on sidewalks, alleys, streets, or any other public way. The location of such sales shall be limited to property occupied by the seller.

(f) Any such sale shall be conducted in an orderly manner and shall not constitute a public nuisance nor a hazard to persons or property.

(§ 1, Ord. 49-C.S., eff. March 29, 1972, as amended by § I, Ord. 271-C.S., eff. February 27, 1980, §§ 1 and 2, Ord. 373-C.S., eff. September 21, 1983, and § 1, Ord. 495-C.S., eff. December 9, 1987)

(a) Nonprofit organizations, as defined in Section 5-15.01 of this chapter, may conduct rummage sales upon the issuance of a permit therefor by the Zoning Administrator. The permit will be issued when an application is submitted by an authorized member of the organization. The application shall show the name and type of the organization, the intended use of the proceeds from the sale, the type of materials to be sold and the location and the date of the sale.

(b) No fee shall be charged for the permit. The sale shall be conducted for a continuous period of not more than three (3) calendar days. The permit shall be displayed at the site of the sale.

(c) The location of the sale shall not be limited by the application of any zoning requirements, but the sale shall be restricted to private property not necessarily occupied by the organization conducting the sale. No such sale shall be conducted on sidewalks, alleys, streets, or other public ways.

(d) Sales permitted by the provisions of this section shall be conducted in an orderly manner and shall not constitute a public nuisance nor a hazard to persons or property.

(§ 1, Ord. 49-C.S., eff. March 29, 1972)

The provisions of this chapter shall not restrict or prohibit the operation of gift shops in hospitals or sales by school or parent-teacher organizations within public or private schools.

(§ 1, Ord. 49-C.S., eff. March 29, 1972)

Every person conducting a garage sale shall comply with all applicable State laws and regulations, including State Board of Equalization regulations requiring sales tax permits.

(§ 1, Ord. 49-C.S., eff. March 29, 1972)