Chapter 5.32 — YARD SALES

The purpose of regulating yard and garage sales is to ensure that such sales from residential properties do not become a neighborhood nuisance by contributing to traffic congestion, noise, unfair sales practices, and lack of property maintenance. These regulations are intended to promote compatibility with surrounding residences. Yard and garage sales shall only be conducted on residential property owned or controlled by the person residing at the location of the yard sale, and the goods sold shall be owned or controlled by the person conducting the sale.

(Code 1972, § 5.32.010; Ord. No. 1320, att. A(5.32.010), 7-14-2015)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Estate sales mean the sale of personal property and goods from the estate of a deceased person. Estate sales are included in this chapter.

Personal property means property which is owned by an individual or members of his family or residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise purchased or obtained for resale or on consignment.

Rummage sales means sales conducted in commercial districts or in structures of nonresidential character, such as churches or schools, by groups of individuals or nonprofit organizations to raise funds for charitable purposes through the sale of donated articles of clothing, art objects, household appliances and utensils, and similar, either new or used. Rummage sales are not subject to the provisions of this section.

Yard and garage sales mean sales conducted by individuals from their place of residence for the purpose of disposing of personal property. Garage sales and yard sales may at times be conducted by a combination of residents at a single location (such as an apartment complex), provided all material or goods sold are the personal property of one or more of the persons conducting the sale.

(Code 1972, § 5.32.020; Ord. No. 1320, att. A(5.32.020), 7-14-2015)

It is unlawful to organize, conduct, establish or operate a sale, as enumerated in this chapter, in the city without first obtaining a permit from the finance department.

(Code 1972, § 5.32.030; Ord. No. 1320, att. A(5.32.030), 7-14-2015)

A permit fee established by adopted resolution shall be charged for each permit issued under this chapter. No permit shall be transferable as to ownership and time and no permit shall be valid except for the location specified. On the days of the permitted yard or garage sale, the permit shall be prominently displayed at the location specified in the permit so as to be clearly visible to code enforcement personnel.

(Code 1972, § 5.32.040; Ord. No. 1320, att. A(5.32.040), 7-14-2015)

Yard sales shall be conducted only within front yards, garages, carports, driveways, backyards, patios and walkways of the residence. Estate sales may include the interior of the residence.

(Code 1972, § 5.32.050; Ord. No. 1320, att. A(5.32.050), 7-14-2015)

The frequency of individual yard and garage sales shall not exceed three in any calendar year at the same location. Yard and garage sales are limited to three consecutive days, Friday through Sunday, only. The hours for yard and garage sales shall not begin earlier than 7:00 a.m. and shall end by 6:00 p.m. the same

day. One additional city-wide no-permit-required yard sale weekend (Friday through Sunday) will be offered annually to all city residents the weekend prior to the annual Perris Community Clean-Up Day. Perris Community Clean-Up Day is generally held mid-May. The dates for the city-wide yard sale will be announced on the city's website and in other city-sponsored publications.

(Code 1972, § 5.32.060; Ord. No. 1320, att. A(5.32.060), 7-14-2015)

Property displayed and offered for sale shall be limited to new or used goods, wares, merchandise or personal property of a household nature owned by the owner or occupant of the premises where the yard sale is conducted. The following items are prohibited from yard sales:

(1)

New or used items purchased, acquired or consigned solely for the purpose of resale.

(2)

Hobby, handmade and/or handcrafted items by the household resident for the purpose of selling these items on their property. Boutique or holiday bazaar sales are not permitted in residential locations.

(3)

Food or beverages.

(Code 1972, § 5.32.070; Ord. No. 1320, att. A(5.32.070), 7-14-2015)

No advertising signs shall be permitted off the subject property or in the public right-of-way. One sign not exceeding four square feet in size may be displayed at the yard sale location. For residences located on a street corner, two signs, facing each direction, are allowed.

(Code 1972, § 5.32.080; Ord. No. 1320, att. A(5.32.080), 7-14-2015)

All personal property to be sold shall be arranged so that fire, police, health and code enforcement officials may have access for inspection purposes at all times during the sale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks or streets or rights-of-way.

(Code 1972, § 5.32.090; Ord. No. 1320, att. A(5.32.090), 7-14-2015)

City code enforcement, in addition to fire, police, and health officials with cause to enforce, are authorized to enforce the provisions of this chapter.

(Code 1972, § 5.32.100; Ord. No. 1320, att. A(5.32.100), 7-14-2015)

Violation of any provision of this chapter constitutes an infraction, punishable as provided in section

Each day in which a violation of this chapter occurs shall be considered a separate offense under

this chapter. Any person convicted of an infraction under the provisions of this chapter shall be punishable upon a first conviction by a fine of not more than $100.00, and for a second conviction within a period of one year by a fine not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine not more than $500.00.

(Code 1972, § 5.32.110; Ord. No. 1320, att. A(5.32.110), 7-14-2015)

A permit issued under this chapter may be revoked or suspended if fire, police, health and/or code enforcement finds that the conduct of the sale is or has created a public or private nuisance. Any permit issued under this chapter may be revoked or suspended, and any subsequent application within one year may be denied for any violation of this chapter or other applicable law in the conduct of the sale, or whenever code enforcement determines that the sale is being conducted for or in furtherance of an illegal purpose.

(Code 1972, § 5.32.120; Ord. No. 1320, att. A(5.32.120), 7-14-2015)