Sutter Creek Municipal Code Ch. 6.36 Garage, Yard, Estate and Rummage Sales

It is recognized that garage sales, yard sales, rummage sales and the sale of property from residential estates are an accepted part of the life of the community; provided, that such sales do not become commercial and debase the residential character of the community.

(Ord. 243 §1(part), 1989)

As used in this chapter:

A. "Estate sales" means sales of personal property and goods from the estate of a deceased person.

B. "Garage sales and yard sales" mean sales conducted by individuals in their homes for the purpose of disposing of personal property no longer needed by the individual. Garage sales and yard sales may at times be conducted by a combination of residents at a single location; provided all material or goods sold are the personal property of one of the persons conducting the sale, acquired by the person prior to resale without the intent to resale.

Merchandise offered for sale at a garage sale or yard sale shall consist of used or secondhand material owned by the seller for a period of not less than six months prior to the date of such sale, except that in the case of a seller leaving the community, a shorter period of ownership will be allowed provided the merchandise was purchased for actual use by the seller, and the necessity of such sale of the merchandise could not have been foreseen at the time of such purchase.

C. "Nonprofit organization" includes, but is not limited to, fraternal organizations, hobby societies, educational societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups, and parent-teacher organizations who regularly conduct activities in the city.

D. "Rummage sales" means sales conducted by groups of individuals or nonprofit organizations to raise funds for charitable purposes through the sale of donated articles of clothing, art objects, household appliances and utensils, and the like, either new or used.

(Ord. 243 §1(part), 1989)

A. Garage sales and yard sales may be held only on property devoted to residential use. Personal property offered for sale at a garage sale or yard sale may be in a rear yard, or elsewhere on the premises.

B. Rummage sales may be held only in the commercial districts or in structures in the residential district of nonresidential character, such as churches and schools.

C. Estate sales may be held only in structures which were used as the bona fide residences of the decedents whose property is to be disposed of in the estate sale. Applications for a permit shall be accompanied by an inventory of all property to be offered for sale, certified to be the property of the estate.

(Ord. 243 §1(part), 1989)

Before any garage sale, yard sale, rummage sale or estate sale shall be conducted within the city limits of the city, the person or persons so conducting the same shall apply for and obtain from the city clerk of the city a permit authorizing the same, which said permit shall set forth:

A. The name and address of the applicant, and the names and addresses of any persons owning an interest in the property to be sold, if different from the applicant, and an indication of the property owned by persons other than the applicant;

B. The location of the proposed sale;

C. The date or dates during which the proposed sale is to be conducted;

D. An affidavit or declaration under the penalty of perjury that the person or persons conducting the sale is or are owners of the property offered for sale, that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale and that no more than three previous sales have been conducted by the applicant or on the premises within the twelve-month period immediately prior to the date of the application.

(Ord. 243 §1(part), 1989)

Fees for the permits required by this chapter shall be paid to the city clerk at the time of application for said permit and shall in be the approximate amount of the sums expended by the city in processing said permit applications. The precise amount of said fees shall be as from time to time established by resolution of the city council of the city.

(Ord. 243 §1(part), 1989)

Four permits shall be issued to the same person or for the same premises within any twelve-month period. No permit shall be transferable to another person or to any other premises. Issuance of a permit shall not relieve the permittee from the responsibilities for obtaining such other permits and licenses as may be required by the city, county or state.

(Ord. 243 §1(part), 1989)

No permit shall be approved and no sale shall be conducted for more than three consecutive days. The sale shall not be conducted before 8:00 a.m. or after 5:00 p.m. on the permitted days.

(Ord. 243 §1(part), 1989)

Any permittee granted a garage sale or yard sale permit shall post the issued permit in a place which is open to inspection by any peace officer, fire prevention officer or health officer of the city. Such permit must be posted only during that period of time that the yard sale is open for business.

(Ord. 243 §1(part), 1989)

All identifiable and tangible personal property which is exhibited for sale at a garage sale or yard sale shall be made accessible by the permittee to law enforcement officials at all times for their review and inspection, and during any such sale the location thereof shall be open by permittee to all fire prevention and health officers of the city for the purpose of their inspection to determine that the sale complies with the city's and state's fire prevention and health regulations.

(Ord. 243 §1(part), 1989)

Signs advertising or publicizing garage, yard, rummage or estate sales within the City of Sutter Creek shall not exceed four square feet in area. No garage or yard sale sign shall be placed on any utility pole or street sign or on any public property within the city. Placement of sale signs shall be limited to two in number per sale. Sale signs shall be erected not more than two days prior to the sale and shall be removed not later than one day following such sale. All signs advertising or publicizing garage, yard, rummage or estate sales within the city shall have legibly placed upon them the permit number authorizing said sale.

(Ord. 243 §1(part), 1989)

The violation of this chapter is an infraction and shall be punished by:

A. A fine not exceeding one hundred dollars for a first violation;

B. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

C. A fine not exceeding five hundred dollars or each additional violation of the same ordinance within one year.

(Ord. 243 §1(part), 1989; Ord. 294A §2, 2003)

Sales ordered by or conducted under the direction of a court of law are not subject to any of the regulations of this chapter.

(Ord. 243 §1(part), 1989)

The chief of police or the city council shall have the right and authority to revoke any permit issued under this chapter it, in the opinion of the chief of police or the city council any law of this city, the state, or the county is, or will be, violated by the conduct of the sale provided for in the permit.

(Ord. 243 §1(part), 1989)