Rio Vista Municipal Code Ch. 5.24 Garage Sales

For the purpose of this chapter, a "garage sale" shall be defined as a sale conducted by an individual homeowner or occupant of a home, or apartment owner or occupant of an apartment unit, or an owner occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of used, new, unwanted or surplus merchandise or goods, or other tangible personal property, usually conducted in a garage, patio, driveway, or on or in any portion of a premises in a residential zone and for which no inventory or permanent or detailed records are kept relating to transactions so carried on.

For the purpose of this chapter "garage sale" includes any transaction or transactions which may be conducted by a combination of residential dwellers at a single location, may take on the character of a rummage sale or a fund-raising event for charitable or civic purposes; and, may be designated as "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale," or any other term similar or like terms with an intent and having the above characteristics.

(Prior code § 14-33(1))

No person shall sell or offer for sale, nor trade, bargain, exchange or otherwise dispose of new, second hand, unwanted or surplus merchandise or goods from a residential area, where the general public is invited unless: (1) all such merchandise being offered for sale is gathered locally, and is not brought in from any area outside the city limits; and (2) that before any such sale the party or parties will first, prior to conducting the sale, obtain a permit therefor which conform to the regulations hereinafter provided.

A. Application for Permit. Any person desiring to conduct a garage sale, shall first make a verified application in a form satisfactory to the city clerk, such application containing the following information:

1. Name and address of the applicant;

2. Location and purpose of the proposed sale;

3. Date or dates during which the proposed sale is to be conducted;

4. A general description of the property proposed to be offered for sale;

5. A statement that no garage sale permit has been issued permitting a garage sale to be conducted at the location of the proposed garage sale for which application is being made within six months immediately preceding the date or dates of said proposed garage sale. In the case of a garage sale for the benefit of charitable or religious purposes the time requirements contained in this subdivision, may be waived by the city administrator upon a showing of good cause;

6. The duration of any garage sale shall be no more than two consecutive days, and limited to no more than two such sales during any 12 month period. In the case of a garage sale for the benefit of charitable or religious purposes, the city administrator upon a showing of good cause, may extend the duration of any one sale to that time limit reasonable under the circumstances.

B. Issuance of Permit. Upon receipt of application properly completed to the satisfaction of the city clerk, and payment of a fee of one dollar ($1.00), the city clerk shall issue the permit for the proposed sale. The permit shall contain:

1. The name of the permittee;

2. The exact address or location where the garage sale is to be conducted;

3. The date or dates upon which the sale is to be conducted;

4. The hours of the day during which the sale is to be conducted;

5. A general description of the property to be offered for sale;

6. The permit shall be displayed at a prominent location where the sale is being conducted.

(Prior code § 14-33(2))

Any person, who, either for himself or herself or as agent of another, who commences, engages in, conducts, or carries on any sale as provided in this chapter without first having complied with the requirements for issuance of a permit, and payment of the fee for issuance shall be guilty of a misdemeanor. Upon conviction the person or persons may be incarcerated in the county jail for a period of six months, fined up to $500, or both confined to the county jail and fined.

(Prior code § 14-33(3))