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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Bruce Dunams, Code
Compliance Manager
Subject: An Ordinance of the Mayor and
Common Council of the City of San Bernardino,
California amending Chapter 8.14 of the San
Bernardino Municipal Code Regarding Yard Sales.
Date: December 9, 2010
MCC Date: December 20, 2010
Synopsis of Previous Council Action:
12-07-2010 Legislative Review Committee made recommendations and moved to Mayor and
Common Council.
11-01-2010 Mayor and Common Council approved San Bernardino Municipal Code
Chapter 8.14 regarding Yard Sale regulations and referred the issue back to
the Legislative Review Committee.
10-19-2010 Legislative Review Committee considered and moved to Mayor and Common
Council.
05-18-2009 Mayor and Common Council adopted a yard sale permit fee through the Master
Fee Resolution (Reso. No. 2009-122).
Recommended Motion:
That the said Ordinance be laid over for final adoption.
Contact Person: Bruce Dunams
Phone: 5970
Supporting data attached:
Staff Report
Ward(s):
Citywide
FUNDING REQUIREMENTS:
Amount: NI A
Source:
Acct. Description:
Finance:
Council Notes:
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CITY OF SAN BERNARDINO- REOUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
An ordinance of the Mayor and Common Council of the City of San Bernardino, California
amending Chapter 8.14 of the San Bernardino Municipal Code Regarding Yard Sales
BACKGROUND:
On November 1, 2010, the Mayor and Common Council approved San Bernardino Municipal
Code Chapter 8.14 regarding Yard Sale regulations and referred the issue back to the Legislative
Review Committee to address some additional concerns. On December 7, 2010 the Legislative
Review Committee reviewed the Yard Sale Ordinance and recommended that the following
changes be considered by the Mayor and Common Council:
1. The language requiring a permit was removed for yard sales held in accordance with the
regulations.
2. An exemption for non-profit organizations was added. (New section 8.14.060)
3. Commercial property was included in the definition of "Yard Sale" in section
8.14.010(E).
4. The penalty was defined as an infraction or misdemeanor. Allowing the offender to be
cited as either depending on the circumstances (such as first time offender v. repeat
offender).
5. Additional language was added to address the Display of Personal Property section to
clarify new items are not permitted.
6. The Estate Sale Exemption section was amended to reflect that estate sales will not be
subject to the yard sale restrictions in Section 8.14.070 (D) as well as 8.14.070(A).
Estate sales will require a permit fee and be regulated by the provisions of Section
8.1 0.1 00.
In regards to exemptions for seniors, the Legislative Review Committee eliminated any fees;
this action will positively impact seniors and all residents. It is still recommended that seniors
adhere to all other provisions of this ordinance including having their yard sales limited to
the third weekend of every month.
FINANCIAL IMPACT:
By eliminating the permit fee of $15, the Code Compliance Division will not generate the
estimated $15,000 a year to help offset the expense of enforcing the Yard Sale regulations.
RECOMMENDA TION:
That the said Ordinance be laid over for final adoption.