San Mateo Municipal Code Ch. 5.64 Residential Garage Sales

It is the purpose and intent of the City Council to regulate sales of merchandise from residentially zoned premises within the City in the interests of the public health, safety and general welfare of its citizens. Regulation is found to be necessary to prevent such sales practices from becoming public and private nuisances or from constituting other violations of this code.

Sales of personal property to the general public by means of a "garage," "patio" or other sales similarly conducted shall be a permitted use in residential zones notwithstanding other restrictions of this code, provided such sales are held and conducted in accordance with the provisions of this chapter.

Only one such sale may be conducted in any six-month period and shall be limited to not more than three consecutive days, or to two consecutive weekends not to exceed four days in all. Said sale shall not be conducted between the hours of eight p.m. of any day and eight a.m. of the following day.

Personal property offered for sale shall not be displayed or stored in the front or side yards of any such premises or adjoining public streets or rights-of-way; provided, that said property, including a vehicle, offered for sale may be displayed on a permanently constructed driveway within such front or side yards.

One unlighted sign shall be permitted, not exceeding six square feet in area, provided it is posted upon the garage or premises and does not encroach into or upon any public right-of-way. Such sign shall be displayed only during the day of the sale. It is unlawful to post or otherwise place signs other than that one sign expressly allowed by this section.

All personal property sold at said sale shall have been owned, utilized and maintained for at least six months prior to the sale by the applicant, or members of his or her family, on or in connection with the residential premises which they occupy, and shall not have been acquired or consigned to him or her for the purposes of resale.

No licensed retail or wholesale dealer shall be permitted to consign or offer for sale any goods or merchandise or participate in any private sale authorized by this chapter.

Any member of the Police Department shall have the right to inspect the merchandise on display or stored for sale on the premises during a sale authorized by this chapter.

Except for Sections 5.64.050 and 5.64.080, the provisions of this chapter shall not apply to any charitable or religious organization or educational institution for occasional sales when the proceeds from such sales are used solely for charitable, religious or educational purposes, nor shall the ordinance codified in this chapter apply to sales conducted pursuant to process or order of any court of competent jurisdiction.