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ORIGIN \ L
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Bruce Dunams, Code Subject: An Ordinance of the Mayor and
Compliance Manager 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.
Bruce Dunams
Contact Person: Bruce Dunams Phone: 5970
Supporting data attached: Staff Report Ward(s): Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes: a41i 3
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114C -13yy 8
CITY OF SAN BERNARDINO- REQUEST 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:
I. 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 and be regulated by the provisions of Section 8.10.100.
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.
RECOMMENDATION:
That the said Ordinance be laid over for final adoption.
COPY
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA AMENDING CHAPTER 8.14 OF THE SAN
2 BERNARDINO MUNICIPAL CODE REGARDING YARD SALES
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
4 ORDAIN AS FOLLOWS:
5 Section 1. Chapter 8.14 of the San Bernardino Municipal Code is amended to read
6 as follows:
7
Chapter 8.14
8 YARD SALES
9 8.14.010 Definitions.
8.14.020 Frequency, Duration, Hours and Permissible Dates.
10 8.14.030 Display of Personal Property
8.14.040 Signs.
11 8.14.050 Estate Sale Exemption.
12 8.14.060 Non-Profit Organization Exemption.
8.14.070 Violation — Penalty.
13
14 8.14.010 Definitions.
15 A. "Department' means the Community Development Department of the City of
16 San Bernardino.
17 B. "Estate Sale" or "Estate Liquidation" is a type of Yard Sale or auction to
dispose of a substantial portion of the materials owned by a person who is
18 recently deceased, or who must dispose of his or her personal property to
19 facilitate a move necessitated by the relocation of the owner due to advanced
age or disability and which sale is conducted by a person or entity that has
20 legal authority to make such sale.
21 C. "Personal Property" means property which is owned, utilized or maintained by
22 an individual or members of a residence or family and acquired in the normal
course of living in or maintaining a residence. It does not include new
23 merchandise or merchandise which was purchased for resale or obtained on
24 consignment.
25 D. "Seller" means any of the following:
26 1. The person authorized by the premises owner to sell the personal
property at the Yard Sale;
27 2. The tenant of the premises where the Yard Sale is conducted;
28 3. The owner of the premises where the Yard Sale is conducted.
i
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E. "Yard Sale" means the offer of sale of personal property, open to the public,
2 conducted from or on a premise in any residential or commercial zone. The
3 term "Yard Sale" includes, but is not limited to, all sales entitled, advertised or
called "garage sale," "lawn sale," "yard sale," "porch sale," "patio sale', "estate
4 sale", "moving sale", "flea market" or "rummage" sale.
5 F. As used in this chapter, the term "Residential Zone" includes any residentially
6 zoned property as defined by the City's zoning ordinances, or property used for
residential purposes as permitted by the City's Development Code, or premises
7 zoned for another use, providing the actual and principal current use of such
premises is for residential purposes. The definition includes both single-family
8 and multiple-family residential zones.
9 8.14.020 Frequency, Duration, Hours and Permissible Dates.
10
A. Subject to the additional limitations imposed by paragraphs B and C of this
11 section, no Yard Sale shall be conducted by any Seller or at any location more
12 frequently than twelve (12) times in any calendar year. For purposes of this
section, "calendar year" means the twelve (12) month period from January
13 through December, inclusive.
14 B. Yard Sales may be conducted up to a maximum period of three (3) consecutive
15 days.
16 C. Yard Sales may be conducted only during daylight hours.
17 D. Yard Sales shall only be conducted on the third weekend of each month. For
purposes of this subsection the term "weekend" means Friday, Saturday and
le Sunday.
19
8.14.030 Display of Personal Property.
20
No items other than Personal Property may be sold at any yard sale. Personal
z1 Property may not be displayed in the public right-of-way, and all Personal Property
22 shall be arranged so that fire safety service and other officials may have access for
inspection at all times during the sale. Personal Property may only be displayed on the
23 days of and between the hours of Yard Sales as provided in this chapter.
24 8.14.040 Signs.
25
A. Three unlighted signs shall be permitted not exceeding four (4) square feet in
26 area advertising such Yard Sale. Such signs shall be displayed only during the
period of the Yard Sale. The signs shall be permitted only on the property
27 where such Yard Sale is located. Such signs may be posted twenty-four (24)
28
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1 hours prior to the Yard Sale and must be removed immediately following the
Yard Sale.
2
3 B. Directional signs not larger than two (2) square feet may be placed on private
property provided the person conducting the Yard Sale has obtained the prior
4 consent from the owner or occupant of the premises where the directional sign
is placed. There shall be no more than four such directional signs erected for
5 any Yard Sale permitted pursuant to this chapter.
6 C. Any signage allowed by this section is prohibited on the public rights-of-way.
7
8.14.50 Estate Sale Exemption.
8
9 The child, survivor, or heir of the owner of Personal Property, or a person with
legal authority over the Personal Property of another, who is the Seller at an Estate
10 Sale of such Personal Property, and who attests that the Estate Sale is necessitated
by the relocation of the owner due to advanced age or disability, or is necessitated by
11 the death of the owner, shall not be subject to the limitations of section 8.14.020(A)
12 and (D) regarding the permissible dates on which such Yard Sale may be conducted.
The person(s) conducting such an Estate Sale shall be required to obtain a permit and
13 shall be subject to all other regulations established herein.
14 8.14.060 Non-Profit Organization Exemption.
15 Non-profit organizations shall not be subject to the limitations of section
16 8.14.020(A) and (D) regarding the permissible dates on which such Yard Sale may be
conducted provided that the sale is conducted on property owned or leased by said
17 non-profit organization.
18 8.14.070 Violation — Penalty.
19
A. Any person who violates or causes violation of any provision of this Chapter
20 shall be deemed guilty of an infraction or misdemeanor, which upon conviction
thereof is punishable in accordance with the provisions of Section 1.12.010 of
z1 this Code.
22
B. A violation of this chapter may be enforced or punished in any manner
23 prescribed by law or through any other process or procedure established or
24 allowed by this code or applicable law.
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1 Section 2. In the event that any provision of this Ordinance, or any part thereof, or
any application thereof to any person or circumstance, is for any reason held to be
2 unconstitutional or otherwise invalid or ineffective by any court of competent
3 jurisdiction on its face or as applied, such holding shall not affect the validity of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof
4 to any person or circumstance or of said provision as applied to any other person or
circumstance. It is hereby declared to be the legislative intent of the City that this
5 Ordinance would have been adopted had such unconstitutional, invalid, or ineffective
6 provision not been included herein.
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1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA AMENDING CHAPTER 8.14 OF THE SAN
2 BERNARDINO MUNICIPAL CODE REGARDING YARD SALES
3 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a regular meeting
4 thereof, held on the day of 2011, by the following vote, to wit:
5
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 MARQUEZ
8 DESJARDINS
9 BRINKER
10
SHORETT
11
lz KELLEY
13 JOHNSON
14 MCCAMMACK
15
16
Rachel Clark, City Clerk
17
16 The foregoing Ordinance is hereby approved this day of , 2011.
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zl
PATRICK J. MORRIS, Mayor
City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN
24 City Attorney
25 By. L
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