Scotts Valley Municipal Code Ch. 5.20 Occasional Sales

As used in this chapter the following words shall have the following meaning:

A. "Occasional Sale" means the sale of tangible personal property on any parcel(s) of land in any zone of the city where the actual and principal use of the parcel(s) is for residential or commercial purposes when the sale is advertised in a newspaper or by sign, on or off the parcel(s), designating the sale as a "yardsale, patio sale, lot sale, garage sale, rummage sale, flea market," or use of other words having a similar connotation or meaning including those sales where the newspaper advertisement or sign advertises the sale of four or more items upon the parcel(s); or where four or more items are actually sold within a one-day period.

B. "Permit" means a permit issued by the finance department designating the address where an occasional sale is to be conducted and the names of all sellers of property at the occasional sale, along with the dates for which the permit shall be valid.

C. "Seller" 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 the owner occupies the premises.

(Ord. 78.1 § 2(part), 1995)

A. No seller shall engage, in any way, in an occasional sale on commercially zoned property without first obtaining a permit from the finance department. No permit shall be effective for more than three calendar days. No more than four permits shall be issued to the same seller during any one calendar year. No permit shall be issued unless, and until, the seller has submitted the following:

1. The address of where the occasional sale is to be conducted;

2. The dates requested for the occasional sale; and

3. The names and addresses of all seller(s).

B. For occasional sales on non-commercially zoned property, only one occasional sale may be conducted in any three-month period and shall be limited to not more than three consecutive days.

C. An occasional sale shall only be conducted between the hours of eight in the morning (8:00 a.m.) and eight in the evening (8:00 p.m.) of the same day.

D. Where a permit is required, the permit shall be prominently displayed during the occasional sale upon the parcel(s) where the occasional sale is being conducted.

(Ord. 78.1 § 2(part), 1995)

All sellers on commercially zoned property shall comply with the information and directions contained in the application for the permit. No such person shall engage in an occasional sale unless the person is named in the application as a seller.

(Ord. 78.1 § 2(part), 1995)

Any application for a permit pursuant to this chapter shall be filed with the finance department at least five days prior to the first date for which the occasional sale is to be conducted. The application shall be executed under penalty of perjury. Upon written notice from the chief of police, the applicant shall produce the personal property to be sold for physical examination by the police department.

(Ord. 78.1 § 2(part), 1995)

Personal property offered for sale at any occasional sale shall not be displayed or stored in the front yard within five feet of the front property line, nor on corner lots between the side yard setback line and the side property line. A vehicle offered for sale may be displayed on a permanently constructed driveway within either the front or side setback.

(Ord. 78.1 § 2(part), 1995)

Signs advertising an occasional sale shall be in conformance with Section 17.56.160 (sign ordinance) of this Code.

(Ord. 78.1 § 2(part), 1995)

An applicant for a permit shall be required to pay a fee, as set by resolution of the city council from time to time, upon submission of a signed application to the finance department.

(Ord. 78.1 § 2(part), 1995)

This chapter shall not apply to persons selling personal property pursuant to an order or process of a court of competent jurisdiction.

(Ord. 78.1 § 2(part), 1995)

It is unlawful for any person to promote, advertise or conduct any occasional sale on commercially zoned property without a permit having been first issued pursuant to the provisions of this chapter, or to violate any of the conditions of the permit, or the provisions of this chapter.

(Ord. 78.1 § 2(part), 1995)