Woodlake Municipal Code Ch. 5.44 Yard Sales

For the purpose of this chapter, the following definitions shall apply:

"Display for sale" means the placing of signs or other marks on items offered or displayed for sale indicating that they are available for sale and the arrangement of items on tables, racks, benches or upon the ground in such a manner to make them available for inspection by prospective purchasers.

"Immediate family" means mother, father, spouse, brother, sister, child or grandchild living in a single residential unit which is also the site of a yard sale.

"Personal property" means all items of tangible personal property other than bicycles; tricycles; motorcycles; motor bikes; motor vehicles registered as such with the Department of Motor Vehicles of the state of California; electric carts; row, sail or motor boats; trailers; mobile homes; provided, however, component parts of the items specifically set forth in this definition sold separately shall be considered as personal property.

"Residential zone" means those areas within the city presently or hereafter zoned for single or multifamily use by ordinances of the city.

"Yard sale" means to offer for sale, to display for sale, or the sale of personal property in a residential zone of the city.

(Ord. 334 § 2, 1979)

No person, firm, corporation, association or cooperative shall conduct a yard sale without first obtaining a permit to conduct such sale from the city administrator as prescribed in Section 5.44.040.

(Ord. 334 § 3, 1979)

All persons, firms, corporations, associations or cooperatives issued a permit to conduct a yard sale in the city shall comply with all of the terms and provisions of this chapter and shall comply with all rules and regulations pertaining to yard sales hereinafter adopted by resolution of the city council.

(Ord. 334 § 4, 1979)

The city administrator shall issue a permit to conduct a yard sale to an applicant upon filing of an application in the form prescribed by the city and upon the payment of a permit fee of one dollar ($1.00). The application shall be made under the penalty of perjury and, in addition to all other information requested by the application, shall contain the following:

A. The name and address of the applicant;

B. The name and address of the person, firm, corporation, association or cooperative to whom the permit is to be issued;

C. The street address of the premises upon which the yard sale is to be conducted;

D. The date or dates upon which the yard sale is to be conducted which shall not exceed three consecutive dates;

E. Declaration to the effect that:

1. All items to be displayed for sale, offered for sale or sold, are owned by the person, firm, corporation, association or cooperative holding the permit and in the case of an individual, that the items are owned by the permittee or his or her immediate family,

2. That no more than three permits for a yard sale have been issued to the applicant in the twelve (12) month period previous to the proposed sale date,

3. That no more than three permits for a yard sale have been issued for the proposed premises in the twelve (12) month period previous to the proposed sale date.

(Ord. 334 § 5, 1979)

All yard sales conducted pursuant to permit issued under this chapter shall be conducted in compliance with the following provisions:

A. The permit shall be displayed in a prominent location upon the premises where the yard sale is being conducted;

B. The permit shall be exhibited upon demand to any employee or official of the city;

C. Only personal property owned by the permittee or in the case of an individual, his or her immediate family, shall be offered for sale, displayed for sale or sold;

D. No personal property shall be offered for sale, displayed for sale or sold which is held by the permittee on consignment or was acquired by the permittee or in the case of an individual, his or her immediate family, for the purpose of resale;

E. The sale shall continue for not more than three consecutive days between the hours of sunrise and sunset;

F. All items offered or displayed for sale shall be removed from the public view from any street or sidewalk within four hours after the termination of the permit period;

G. Signs advertising the yard sale shall be posted on privately owned property only and will be removed within two hours after the termination of the yard sale permit period;

H. Any permit issued to hold a yard sale may be surrendered during the period of time covered by the permit in the event the permittee becomes ill or in the event weather makes the yard sale impractical. Such surrendered permit may be reissued without further charge to the permittee within fifteen (15) days after the surrender for the period of time set forth in the original permit between the date of surrender and the date of termination of the original permit.

(Ord. 334 § 6, 1979)

No permit shall be issued to conduct a yard sale to a person, firm, corporation, association or cooperative if within the previous twelve (12) calendar months the permittee has obtained three permits for a yard sale within the city or if the premises proposed for the yard sale has been used for a yard sale on more than three occasions within the twelve (12) month period.

(Ord. 334 § 7, 1979)

No persons, firm, corporations association or cooperative shall display for sale or sell any of the items specifically referred to in Section 5.44.010 in a residential zone of the city except upon the condition and in the manner prescribed in this section:

A. The item offered for sale must be owned or leased by the occupant of the premises or his immediate family whereupon the item is displayed or offered for sale.

B. The item must not be displayed or offered for sale upon a public right-of-way in the city.

(Ord. 334 § 8, 1979)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 334 § 9, 1979)

(Ord. No. 641, § 2, 11-8-2021)