Turlock Municipal Code Art. 8 Garage Sales

It is the intent and purpose of the Council, in adopting this article, to regulate those activities which, in the most technical sense, have business or commercial characteristics but which, because of the manner in which they are conducted or the purposes for which they are being operated, are truly noncommercial in nature. Such regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this article to prevent such activities from unfairly competing with licensed revenue producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially zoned property; and to curb the evasion of business license fees.

(1266-CS, Amended, 01/09/2020)

For the purposes of this article, a garage sale shall be defined as a sale conducted by an individual homeowner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit for the purpose of selling, trading, bargaining, exchanging, or otherwise disposing of unwanted or surplus household furnishings or goods or other tangible personalty, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. A garage sale may, at times, be conducted by a combination of residential dwellers at a single location and may take on the nature and character of a rummage sale or a fund-raising event for civic or charitable purposes. All sales designated "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale," or other terms of similar or like intent and having the foregoing characteristics and purposes shall be deemed garage sales.

(1266-CS, Amended, 01/09/2020)

Any person proposing to promote, advertise, or conduct a garage sale shall, prior thereto, obtain a garage sale permit from the Parks, Recreation, and Public Facilities Department Office.

(899-CS, Amended, 05/23/1996; 1266-CS, Amended, 01/09/2020)

No more than two (2) garage sale permits shall be issued to any person during any calendar year, nor shall a garage sale permit be issued for the promotion, advertising, or conducting of a garage sale at the same location more than twice in any calendar year. No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a garage sale for more than three (3) days within a seven (7) day period.

(819-CS, Amended, 07/22/1993; 899-CS, Renumbered, 05/23/1996, 3-1-806; 1266-CS, Amended, 01/09/2020)

Any person desiring the permit required by TMC 3-1-803 shall make a verified application therefor in a form satisfactory to the Parks, Recreation, and Public Facilities Department Office. The application shall contain the following:

(a) The name of the applicant;

(b) The driver's license/identification number of the applicant;

(c) The address of the applicant;

(d) The location of the proposed garage sale;

(e) The date or dates upon which it is proposed to conduct the garage sale;

(f) A general description of the property proposed to be offered for sale;

(g) The application complies with the limitations set forth in TMC 3-1-804; and

(h) A statement that the applicant is the property owner and/or resident at the location of the proposed garage sale.

(819-CS, Amended, 07/22/1993; 899-CS, Renumbered, 05/23/1996, 3-1-804; 1266-CS, Amended, 01/09/2020)

The Parks, Recreation, and Public Facilities Department Office shall issue the applicant a garage sale permit if it is determined that the application complies with the provisions of TMC 3-1-805, and that the applicant is the property owner and/or the resident at the location of the proposed garage sale. The permit shall specify the following:

(a) The name of the permittee;

(b) The exact address or location where the garage sale is to be conducted;

(c) The date or dates upon which the sale is to be conducted;

(d) Signs may be used to advertise such sale and must abide by Chapter 9-2 TMC, Article 5, Sign Regulations for Private Property. Any illegal sign will incur a citation and result in prohibition of additional permits being issued for the duration of one (1) calendar year from the date of citation.

(e) The requirement that the permit shall be revoked for failure to comply with all the terms and conditions thereof, or the provisions of this article, or other applicable provisions of law;

(f) The requirement that the permit shall be prominently displayed at the location of the garage sale; and

(g) Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Parks, Recreation, and Public Facilities Department Office, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.

(819-CS, Amended, 07/22/1993; 899-CS, Renumbered, 05/23/1996, 3-1-805; 1266-CS, Amended, 01/09/2020)

The Parks, Recreation, and Public Facilities Department Office shall have the power to revoke at any time any permit granted in accordance with this article upon determining that the garage sale permitted thereby has been promoted, advertised, or conducted in violation of any of the provisions of this article, or in violation of the provisions or conditions of the garage sale permit issued for such sale, or in such a manner as to deceive or defraud the public, or that the permittee has committed any of the following:

(a) Made any material misstatement in the application for such permit;

(b) Been guilty of any fraudulent practice or practices in the promotion, advertising, or conduct of the sale authorized by such permit; or

(c) Violated any of the provisions or conditions of the permit or violated any of the provisions of this article or of any other provision or law in promoting, advertising, or conducting such sale.

(899-CS, Amended, 05/23/1996; 903-CS, Amended, 06/27/1996; 1266-CS, Amended, 01/09/2020)

Any person may appeal a decision of the Parks, Recreation, and Public Facilities Department Office made pursuant to the provisions of this article as provided by Chapter 1-4 TMC.

(866-CS, Amended, 02/09/1995; 899-CS, Amended, 05/23/1996; 903-CS, Amended, 06/27/1996; 1266-CS, Amended, 01/09/2020)

This article shall not apply to the following persons:

(a) Persons selling goods pursuant to an order of process of a court of competent jurisdiction;

(b) Persons acting in accordance with their powers and duties as public officials; and

(c) Persons promoting, advertising, or selling an item or items of personal property which are specifically named or described in any advertisement therefor and which separate items do not exceed ten (10) in number; and

(d) New residents provided such person has not held two (2) garage sales at any location in the City within the prior calendar year.

(899-CS, Amended, 05/23/1996; 1266-CS, Amended, 01/09/2020)

Fees for processing and issuing a permit under this chapter shall be set by resolution of the City Council and shall be paid at the time of submission of the application.

(899-CS, Enacted, 05/23/1996; 1266-CS, Amended, 01/09/2020)

The Director of the Parks, Recreation and Public Facilities Department shall designate up to one (1) day a year as "community garage sale day" where citizens can hold a garage sale at no cost without needing to obtain a permit.

(1266-CS, Added, 01/09/2020)

If an individual is found to be conducting a garage sale without a permit, he/she may be subject to an administrative citation and/or required to apply for a permit. All fees for a garage sale permit are to coincide with TMC 3-1-810 and all fees for administrative citations shall coincide with the City of Turlock administrative citation process. The municipal code may be enforced by the Parks, Recreation and Public Facilities Department, Turlock Police Department, Turlock Fire Department or any other responsible department/division tasked with code enforcement.

(1266-CS, Added, 01/09/2020)