Rialto Municipal Code Ch. 5.69 Garage Sales

The purpose of this chapter is to provide regulations allowing for garage sales in residential zones while mitigating impacts on adjacent residents, visitors, and land uses, maintaining traffic circulation, and ensuring public safety.

(Ord. 1416 § 2 (part), 2008)

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:

"Garage sale" means the sale of tangible personal property on premises located 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. As used in this chapter, the term "residential zone" includes both single-family and multiple-family residential zones. The term "garage sale" shall include lawn sales, yard sales, attic sales, rummage sales, moving sales, patio sales, estate sales, or any similar activity.

"Seller of property at a garage 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.

(Ord. 1416 § 2 (part), 2008)

No person shall conduct, operate, maintain, or organize any garage sale, and no person shall allow the use of their premises for a garage sale, without first obtaining a permit from the chief licensing officer in accordance with the provisions of this chapter and paying the required fee.

(Ord. 1416 § 2 (part), 2008)

The provisions of this chapter shall not apply to nonprofit organizations properly licensed to do business in the city.

(Ord. 1416 § 2 (part), 2008)

The fee for garage sale permits shall be set from time-to-time by resolution of the city council.

(Ord. 1416 § 2 (part), 2008)

A. Subject to the additional limitations imposed by subsections B and C of this section, no garage sale shall be conducted by any person or at any location more frequently than four times in any calendar year. For the purposes of this section, "calendar year" means the twelve-month period from January through December, inclusive.

B. Garage sales may be conducted up to a maximum period of three consecutive days.

C. Garage sales shall only be conducted on the first weekend of the months of March, June, September and December. For the purposes of this subsection, the term "weekend" means Friday, Saturday and Sunday.

(Ord. 1416 § 2 (part), 2008)

A. Application. A garage sale may be conducted pursuant to a permit issued by the chief licensing officer or his or her designee. The chief licensing officer may grant a permit to conduct a garage sale upon the submittal of a complete application to the department of finance in a form satisfactory to the chief licensing officer. Each application shall contain the following information:

1. The name of the applicant.

2. The applicant's address (sale location).

3. Evidence satisfactory to the chief licensing officer documenting that the applicant resides at the sale location.

4. The area within the property where the sale is to be held.

5. The date(s) and hours of the sale.

6. A general description of the type of merchandise to be sold.

7. A signed declaration that the applicant resides at the property where the sale is to be held and that the applicant is the owner of all of the property to be offered for sale.

B. Criteria for Issuance or Denial. The chief licensing officer shall issue a garage sale permit unless the chief licensing officer determines that the applicant has made a material misrepresentation in the application or the chief licensing officer determines that the garage sale, as proposed, will violate the provisions of this chapter, or will violate the provisions of any other local, state or federal regulation.

C. The chief licensing officer may impose conditions upon the approval of a garage sale permit for the purpose of ensuring that the garage sale complies with the regulations set forth in this chapter and all other local, state and federal regulations.

(Ord. 1416 § 2 (part), 2008)

Garage sales shall comply with all of the following regulations:

A. Garage sales shall be conducted only during daylight hours.

B. No property offered for sale at a garage sale shall be stored, displayed, or offered for sale within public rights-of-way or on public property at any time.

C. Property offered for sale at a garage sale may be displayed in the front or side yards of the premises where the sale is conducted.

D. All property to be sold at a garage sale shall be limited to used personal property owned, utilized and maintained by the seller of property or members of his/her family on or in connection with the premises where the sale will be conducted or group of residences within the same neighborhood. No new or used property acquired or consigned solely for the purposes of resale shall be displayed or offered for sale or trade.

E. All merchandise offered for sale at a garage sale shall be made available for inspection by the city's code enforcement division. If requested by the code enforcement division, the seller of property conducting the garage sale shall produce evidence of title or ownership to the merchandise offered for sale.

(Ord. 1416 § 2 (part), 2008)

A. No more than two signs, not more than four square feet, shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.

B. The posting of garage sale directional signs on public property, including, but not limited to, parkways, greenbelts, bus benches, sidewalks, curbs, vehicle safety poles, signs, and stanchions, or upon any parked vehicle on a public street, alley, or parking lot, or upon utility poles is unlawful. Directional signs not larger than eight hundred sixty-four square inches may be placed on private property provided the person conducting the garage sale has obtained the prior consent therefore from the owner or occupant of the premises where the directional sign is placed. There shall be no more than four such directional signs erected for any garage sale permitted pursuant to this chapter.

(Ord. 1416 § 2 (part), 2008)

A. General. Unless expressly provided otherwise by this chapter, violation of any part of this chapter shall be punishable as an infraction.

B. Multiple Violations. A person who violates the same section of this chapter more than three times within one year shall be guilty of a misdemeanor.

(Ord. 1416 § 2 (part), 2008)