San Fernando Municipal Code Div. 1 Generally

The city council finds and declares that:

(1) The intrusion of unregulated garage sales is causing annoyance to citizens in residential areas in the city and congestion of the streets in residential areas in the city.

(2) The sections contained in this article are intended to prohibit the infringement of any businesses in any established residential areas by regulating the term and frequency of garage sales, so as not to disturb or disrupt the residential environment of the area.

(3) The sections of this article do not seek control of sales by individuals selling a few of their household or personal items.

(4) The provisions and prohibitions contained in this article are enacted not to prevent but to regulate garage sales for the safety and welfare of the city's citizens.

(Code 1957, § 10.1)

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:

Garage sale means and includes all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by chapter 106 of this Code, for the purpose of disposing of personal property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "back yard," "patio," "flea market" or "rummage" sale. This definition does not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.

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

(Code 1957, § 10.2)

Cross reference— Definitions generally, § 1-2.

It shall be unlawful for any individual to sell or offer for sale, under authority granted by this article, property other than personal property.

(Code 1957, § 10.3)

Garage sales shall be limited in time to no more than the daylight hours of three consecutive days or two consecutive weekends (Saturday and Sunday).

(Code 1957, § 10.8)

(a) Sale not held because of inclement weather. If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions and an affidavit by the permit holder to this effect is submitted, the city's business license department may issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee is required.

(b) Third sale permitted. A third garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the finance director or his duly authorized representative.

(Code 1957, § 10.9; Ord. No. 1545, § 20, 11-3-2003)

Personal property offered for sale at a garage sale may be displayed within the residence, in a garage, in a carport, and/or in a rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in the front or side yard area of any such premises or in any public right-of-way. However, a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yard.

(Code 1957, § 10.11)

(a) Signs permitted. Only the following specified signs may be displayed in relation to a pending garage sale:

(1) Number permitted. Two signs of 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.

(2) Directional signs. Two directional signs of not more than two square feet each are permitted, provided that the premises upon which the garage sale is conducted is not on a major thoroughfare, and written permission to erect the signs is received from the property owners upon whose property such signs are to be placed.

(b) Time limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.

(c) Removal of signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs.

(Code 1957, § 10.13)

Cross reference— Advertising, ch. 6.

The individual to whom a garage sale permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on the premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the police or fire department in order to maintain the public health, safety and welfare.

(Code 1957, § 10.14)

A police officer or any other official designated by any city ordinance to make inspections under the licensing or regulating section of this Code or city ordinance or to enforce such shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest any individual who violates this article.

(Code 1957, § 10.15)

All parking of vehicles at a garage sale shall be conducted in compliance with all applicable laws and ordinances. Further, the police department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale.

(Code 1957, § 10.16)

Cross reference— Traffic and vehicles, ch. 90.

This article shall not apply to or affect the following:

(1) Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

(2) Persons acting in accordance with their powers and duties as public officials.

(3) Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the city or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer, or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in other sections of this Code or city ordinances.

(4) Any bona fide charitable, eleemosynary, educational, cultural, or governmental institution or organization when the proceeds from the sale are used directly for the institution's or organization's charitable purposes, and goods or articles are not sold on a consignment basis.

(Code 1957, § 10.18)

Editor's note— Ord. No. 1537, § 12, adopted Oct. 21, 2002, repealed §§ 66-72 and 66-73 which pertained to separate violations and penalty and derived from Code 1957, §§ 10.19 and 10.20, respectively.