San Marcos Municipal Code Ch. 5.56 Swap Meets

As used in this chapter, the following terms shall have the meanings ascribed to them in this section:

(a)

Owner or operator shall mean the person who controls the admissions, directly or through agents, of persons and merchandise into the trading area.

(b)

Swap lot shall mean a building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, buy, sell or bargain for new or used merchandise.

(c)

Swap meet shall mean the activity carried on in a swap lot.

Swap meets have developed into a large commercial enterprise in various cities and the unincorporated area in the county, involving many citizens and attracting out-of-state participants. At the present time, there are no regulations controlling the operation of swap meets. Swap meets have both new and used items, for sale or trade, including stolen merchandise. A law enforcement problem has arisen in most areas where swap meets are held and, due to the small size of the City, the necessity for swap meets has not been demonstrated.

After June 1, 1970, it shall be unlawful for any person to operate a swap meet in the City.

(a)

Any person guilty of violating this chapter shall be deemed guilty of an infraction and shall be punishable in accordance with Section 1.12.010.

(b)

In addition to the penalties provided in Section 1.12.010 any conditions caused or permitted to exist in violation of the provisions of this chapter shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall be regarded as a new and separate offense.