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Home My WebLink AboutMC-1344 Adopted: January 10, 2011 Effective: February 10, 2011 ORDINANCE NO. MC-1344 1 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 2 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 4 5 6 Section 1. as follows: Chapter 8.14 of the San Bernardino Municipal Code is amended to read 7 8 8.14.010 9 8.14.020 10 8.14.030 8.14.040 11 8.14.050 8.14.060 12 8.14.070 Chapter 8.14 YARD SALES Definitions. Frequency, Duration, Hours and Permissible Dates. Display of Personal Property Signs. Estate Sale Exemption. Non-Profit Organization Exemption. Violation - Penalty. 13 14 8.14.010 Definitions. 15 A. "Department" means the Community Development Department of the City of San Bernardino. 16 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 recently deceased, or who must dispose of his or her personal property to 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 legal authority to make such sale. 18 19 20 21 C. "Personal Property" means property which is owned, utilized or maintained by 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 merchandise or merchandise which was purchased for resale or obtained on consignment. 22 23 24 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; 2. The tenant of the premises where the Yard Sale is conducted; 3. The owner of the premises where the Yard Sale is conducted. 27 28 KC-1344 1 2 E. "Yard Sale" means the offer of sale of personal property, open to the public, conducted from or on a premise in any residential or commercial zone. The 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 sale", "moving sale", "flea market" or "rummage" sale. 3 4 5 F. As used in this chapter, the term "Residential Zone" includes any residentially 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 zoned for another use, providing the actual and principal current use of such premises is for residential purposes. The definition includes both single-family and multiple-family residential zones. 6 7 8 9 8.14.020 Frequency, Duration, Hours and Permissible Dates. 10 11 A. Subject to the additional limitations imposed by paragraphs Band C of this section, no Yard Sale shall be conducted by any Seller or at any location more frequently than twelve (12) times in any calendar year. For purposes of this section, "calendar year" means the twelve (12) month period from January through December, inclusive. 12 13 14 B. Yard Sales may be conducted up to a maximum period of three (3) consecutive days. 15 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 Sunday. 18 19 8.14.030 Display of Personal Property. 20 21 No items other than Personal Property may be sold at any yard sale. Personal Property may not be displayed in the public right-of-way, and all Personal Property 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 days of and between the hours of Yard Sales as provided in this chapter. 22 23 24 8.14.040 Signs. 25 26 A. Three unlighted signs shall be permitted not exceeding four (4) square feet in 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 where such Yard Sale is located. Such signs may be posted twenty-four (24) 27 28 2 MC-1344 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 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 any Yard Sale permitted pursuant to this chapter. 4 5 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 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 the death of the owner, shall not be subject to the limitations of section 8.14.020(A) 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 shall be subject to all other regulations established herein. 10 11 12 13 14 8.14.060 Non-Profit Organization Exemption. 15 Non-profit organizations shall not be subject to the limitations of section 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 non-profit organization. 16 17 18 8.14.070 Violation - Penalty. 19 A. 20 21 22 B. 23 24 25 /1/ 26 1// 27 28 Any person who violates or causes violation of any provision of this Chapter 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 this Code. A violation of this chapter may be enforced or punished in any manner prescribed by law or through any other process or procedure established or allowed by this code or applicable law. 3 MC-1344 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 unconstitutional or otherwise invalid or ineffective by any court of competent 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 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 Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein. 2 3 4 5 6 7 1// 8 1// 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 MC-1344 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 I 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 10th day of January ,2011, by the following vote, to wit: 5 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 6 7 MARQUEZ x 8 DESJARDINS x 9 BRINKER x 10 SHORETT x 11 KELLEY X 12 13 JOHNSON X 14 MCCAMMACK X 15 -i(aeU ~ h; ~~Jtya~~ 18 The foregoing Ordinance is hereby approved this jj!}day of January ,2011. 16 17 19 21 20 22 Approved as to form: 23 JAMES F. PENMAN City Attorney 24 25 26 27 28 5