Selma Municipal Code Ch. 17 Sale of Personal Property in Residential Zones

This chapter shall be known as the SALE OF PERSONAL PROPERTY IN RESIDENTIAL ZONES. (Ord. 692, 6-5-1972, eff. 7-4-1972)

In the event miscellaneous items of personal property are to be offered for sale to the general public by means of a garage sale, patio sale or other sale similarly conducted (herein collectively "yard sale"), the person(s) conducting such yard sale shall file an affidavit or declaration with the city finance department stating that the person or persons conducting the sale are not being paid in any manner by any other person(s) for use of the property on which the yard sale is taking place and that no more than two (2) previous such yard sales per property have been held within the calendar year. (Ord. 2005-2, 2-22-2005)

Any person may conduct a yard sale upon the premises on which they reside in the city of Selma ("city"); provided, however, that a permit is first obtained from the city. A yard sale permit shall be valid for a maximum of three (3) consecutive days.

(A) The yard sale permit shall include the following information:

1. Full name and address of the person or persons wishing to hold the yard sale (the "permittee");

• 2. Address where the yard sale will be conducted;
• 3. Dates of yard sale;
• 4. Phone number of persons responsible for yard sale;
• 5. General description of goods to be sold;

6. An affidavit or declaration stating under penalty of perjury that the permittee conducting the yard sale is not being paid in any manner by any other person(s) for use of the property on which the yard sale is taking place and that no more than two (2) previous such yard sales by any person(s) have been held at that property within the calendar year.

(B) Only three (3) such yard sales per location may be conducted in any calendar year and shall be limited to not more than three (3) consecutive days.

(C) No yard sale permit shall be issued by the finance department until the applicant has paid a permit fee in the amount set by the city council. (Ord. 2005-2, 2-22-2005)

(A) No more than three (3) yard sales may be conducted by any permittee upon the same property within the same calendar year.

(B) The permittee must be a resident of the property on which the yard sale is to take place.

(C) Yard sales shall be held between the hours of six o'clock (6:00) A.M. and eight o'clock (8:00) P.M. and shall not exceed three (3) consecutive days.

(D) No permittee shall be entitled to receive payment in any form for allowing another person's merchandise or belongings to be sold at this yard sale.

(E) Except for handmade craft items, the items to be sold shall consist exclusively of used merchandise and personal belongings.

(F) Yard sales must be conducted within the garage, carport, front yard, side yard, back yard or patio of the permittee's residence, however, a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yards. Property displayed in the front yard must be removed from the front yard no later than eight o'clock (8:00) P.M. each day. (Ord. 2005-2, 2-22-2005)

(A) This chapter shall not apply to sales of personal property made under court order or process.

(B) In the case of churches, public schools, fraternal organizations and other nonprofit entities, three (3) sales per calendar year, for charitable purposes may be conducted on the premises or in buildings of said church, public school, fraternal organization and other nonprofit entity, by each affiliated group having written permission to use said premises or building and upon approval of the city manager or a designated representative. Provided further, a yard sale can be held at a residence designated therefor by the authorized representative of the applicable group and which shall constitute one of the permitted sales per calendar year. Each yard sale shall be limited to not more than three (3) consecutive days. (Ord. 2005-2, 2-22-2005)

The fee for each sale shall be set by ordinance or resolution of the city council. Fees paid shall not be refundable. Failure to obtain a valid yard sale permit prior to the commencement of the yard sale shall double the yard sale permit fee, which permit fee is due and payable whether the yard sale utilizes the three (3) consecutive day permit period or not and shall include the time such yard sale had been in progress prior to the issuance of a permit. (Ord. 2005-2, 2-22-2005)