Pomona Municipal Code § 30-752 Penalty

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

Occasional sale means the sale of tangible personal property in a residential zone as defined by the city zoning ordinance or upon premises zoned for another use, providing the actual and principal current use of such premises is for residential purposes, when such sale is advertised by means of an advertisement in a newspaper or sign on or off such property designating such sale as a "yard sale," "patio sale," "lot sale," "garage sale" or of words having similar import or meaning or in the alternative when such advertisement or sign advertises the sale of four or more items upon such premises or where in fact four or more items are sold upon such residential property within a one-day period. The term "occasional sale" does not include rummage sales by nonprofit organizations licensed to do business in the city which obtain a temporary use permit as required by section .583 of the zoning ordinance.

Seller of property at an occasional sale means any and all of the following:

(1) The person actually selling the personal property at an occasional sale;

(2) The tenant of the premises where an occasional sale is conducted; and

(3) The owner of the premises where an occasional sale is conducted, if such owner occupies such premises.

(Code 1959, § 14-40; Ord. No. 2495, § 1 (part); Ord. No. 2853, § 2; Ord. No. 3226, § 1 (part); Ord. No. 3357, § 16; Ord. No. 3760, § 1)

Cross reference— Definitions generally, § 1-2.

Except as otherwise provided, any violation of conducting an occasional sale, except as permitted by and pursuant to this article, shall be an infraction. A person who violates the same section of this article more than three times within one year shall be guilty of a misdemeanor.

(Code 1959, § 14-47; Ord. No. 3226, § 2; Ord. No. 3760, § 8)

(a) The city council shall adopt, by resolution, a schedule for the conducting of occasional sales.

(b) Occasional sales shall only be conducted between the hours of 8:00 a.m. and 6:00 p.m.

(c) If rainy weather conditions exist on either Friday or Saturday of the first weekend of the designated months, occasional sales may be conducted on the following consecutive Saturday and Sunday. In the event rainy weather conditions exist on Friday or Saturday of the first weekend of the designated months and on the subsequent Saturday or Sunday, an alternate Saturday and Sunday may be designated by the city council.

(Code 1959, § 14-41; Ord. No. 2495, § 1 (part); Ord. No. 2853, § 2; Ord. No. 3226, § 1 (part); Ord. No. 3357, § 16; Ord. No. 3760, § 1; Ord. No. 4097, § 1, 2-4-2008; Ord. No. 4211, § 1, 11-2-2015; Ord. No. 4313, § 1, 4-18-2022)

(a) Two unlighted signs will be permitted, not exceeding six square feet in area each, advertising an occasional sale.

(b) Occasional sale advertising signs may not be posted on telephone poles, streetlights, traffic signs, sidewalks or any other structures in the public right-of-way. Occasional sale signs must be placed or posted on private property only.

(c) Such signs shall only be displayed during the period of such sale as indicated in section 30-753.

(d) All signs which do not comply with this section shall be declared a nuisance and are subject to immediate abatement by code/zoning manager.

(Code 1959, § 14-45; Ord. No. 2853, § 3 (part); Ord. No. 3226, § 1 (part); Ord. No. 3760, § 6)