HomeMy WebLinkAbout33- Community Development ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Interim Director Subject: An Ordinance Repealing Chapter 5.68 and
Adopting a New Chapter 8.14 of the San
Dept: Community Development Bernardino Municipal Code Regarding Yard
Sales.
Date: September 1, 2010
MCC Date: September 20, 2010
Synopsis of Previous Council Action:
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 said Ordinance be laid over for final adoption.
Valerie C. Ross
Contact Person: Valerie C. Ross Phone: 3329
Supporting data attached: Staff Report Ward(s): Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. 33
6q-..2o -av/V
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance Repealing Chapter 5.68 and Adopting a New Chapter 8.14 of the San Bernardino
Municipal Code Regarding Yard Sales.
Background:
Chapter 5.68 of the Municipal Code is Personal Property Sales, more commonly known as yard
or garage sales. The provisions have been difficult for the Code Enforcement Division to enforce
because of the lack of a permit and fee process and the limitation on where property can be
displayed. Code Enforcement drafted a revised ordinance in conjunction with the City Clerk's
Office and the Police Department. The City Clerk's Office surveyed other cities and their
findings are included in Exhibit 1. Key provisions of the revised ordinance include the following:
1. Moves the authority from Chapter 5 to Chapter 8. Code Enforcement will issue permits
and collect the fees.
2. Allows yard sales in the front yard and/or driveway instead of limiting to the garage
and/or backyard.
3. Strengthens the language addressing allowable signage and prohibition on public rights-
of-way.
4. Specifies that yard sales will be allowed four times a year on the first weekend during the
months of February, May,August, and November. These months do not conflict with
surrounding cities.
In 2009, the Mayor and Common Council adopted a$15 fee for yard sale permits. This fee
was based on the actual amount of time required for the City Clerk's Office to issue a permit.
The effective date of that fee was based on adoption of the revised ordinance. Through the
current user fee review/update process,the amount of the fee will be analyzed and moved
from the City Clerk's Office to Code Enforcement.
Code Enforcement staff has increased weekend inspections based on the increase in number
of complaints and maintain a log to track locations and frequency. An analysis of that data
indicates that most of the complaints are related to merchandise in the public right-of-way;
ongoing yard sales where merchandise remains displayed for extended periods of time; and
excessive signage,primarily in the public rights-of-way. With adoption of the revised
ordinance, staff anticipates a"grace period," whereby efforts are placed on informing
residents of the new provisions.
Financial Impact:
The fee of$15 has been previously established, and the 2010-11 budget assumes revenues of
$15,000 from the permits. The adoption of the proposed action will enable the City to issue the
permits and enforce the regulations.
2
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT continued
Recommended Motion:
That said Ordinance be laid over for final adoption.
Exhibits:
1 Yard Sale Survey
2 Ordinance
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 5.68 AND ADOPTING A NEW
CHAPTER 8.14 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING YARD SALES.
1 WHEREAS, the City of San Bernardino finds that there is a proliferation of
unregulated yard sales which create a public nuisance and blight throughout the City;
2 and
3
WHEREAS, the Mayor and Common Council of the City of San Bernardino find that it
4 is necessary to require permits for those resident desiring to hold a yard sale in order
to facilitate regulation of such sales and to establish limitations of the dates and times
s yard sales may be held .
6
NOW THERFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
7 BERNARDINO DO ORDAIN AS FOLLOWS:
e
9 Section 1. Chapter 5.68 of Title 5 is hereby repealed.
10 Section 2. A new Chapter 8.14 of Title 8 is hereby adopted:
11 Chapter 8.14
12 YARD SALES
8.14.010 Definitions.
13 8.14.020 Permit required.
8.14.030 Permit Fee.
14 8 14.040 Permit— Posting.
15 8.14.050 Permit — Application
8.14.060 Permit— Issuance or Denial
16 8.14.070 Frequency, Duration, Hours and Permissible Dates.
17 8.14.080 Display of Goods.
8.14.090 Signs.
18 8.14.100 Permit Exemptions.
8.14.110 Violation — Penalty.
19
20
8.14.010 Definitions.
21
A. "Director" means the Director of the Community Development Department of
22 the City of San Bernardino.
23
B. "Division" means the Code Enforcement Division of the City of San Bernardino.
24
C. "Estate sale" or "estate liquidation" is a type of yard sale or auction to dispose
25 of a substantial portion of the materials owned by a person who is recently
26 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
27
2 e Draft 08.04.10 1
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 5.68 AND ADOPTING A NEW
CHAPTER 8.14 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING YARD SALES.
1 disability and which sale is conducted primarily inside a residential unit by a
2 person or entity that has legal authority to make such sale.
3 D. "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
4 course of living in or maintaining a residence. It does not include new
merchandise or merchandise which was purchased for resale or obtained on
5 consignment.
6 E. "Seller" means any of the following:
7
1. The person actually selling the personal property at the yard sale,
8 2. The tenant of the premises where the yard sale is conducted;
9 3. The owner of the premises where the yard sale is conducted.
10 F. "Yard sale' means all general sales, open to the public, conducted from or on a
premise in any residential zone for the purpose of disposing of personal
11 property. The term 'yard sale' includes, but is not limited to, all sales entitled,
12 advertised or called "garage sale," 'lawn sale," 'yard sale," "porch sale," ""patio
sale', "estate sale', "moving sale", "flea market' or "rummage" sale. As used in
13 this chapter, the term 'residential zone' includes any residentially zoned
property as defined by the city's zoning ordinance, or premises zoned for
14 another use, providing the actual and principal current use of such premises is
for residential purposes and includes both single-family and multiple-family
1s residential zones.
16
8.14.20 Permit required.
17
A. It is unlawful for any seller, person, firm, or corporation to conduct, operate,
e maintain, organize or carry on a yard sale within the city without having first
19 obtained a permit from the Division in accordance with the provisions of this
chapter and paying the required fee.
20
B. A separate permit shall be required for every seller, regardless of the proximity
z1 of one yard sale to another yard sale.
22
8.14.030 Permit Fee.
23
A. The fee for such permit shall be set by separate resolution of the Mayor and
z4 Common Council.
2s
B. The permit fee requirement of this chapter shall not apply to any bona fide non-
26 profit organization properly licensed to do business in the city and when the
27
28 Draft 08.04.10 2
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 5.68 AND ADOPTING A NEW
CHAPTER 8.14 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING YARD SALES.
1 proceeds from the sale are used directly for charitable, educational or cultural
purposes and the yard sale takes place on the property or the principal place of
2 business of the non-profit organization. Notwithstanding this permit fee
3 exemption, a bona fide non-profit organization must comply with all other
provisions of this chapter.
4
8.14.040 Permit— Posting.
5
6 It is unlawful for any seller to conduct a yard sale as provided in this chapter unless a
valid permit is posted in a prominent, visible location on the premises during all times
7 that the sale is in progress.
8 8.14.050 Permit - Application.
9 Each seller must submit a complete application in a form approved by the Division.
10 Each application shall at a minimum contain the following:
11 A. Applicant's name,
12 B. Applicant's address (Yard Sale location);
13
C. The date(s) and hours of the Yard Sale;
14
15 D. A signed declaration that the applicant resides at the property where the
sale is to be held and that the applicant is the owner of all of the Personal
16 Property to be offered for sale.
17
18 8.14.060 Permit— Issuance or Denial.
19 The Division shall issue a permit upon submission of a completed application unless
the Division determines that issuance of said permit will violate the provisions of this
20 article. A denial of an application may be appealed to the Director, whose decision
shall be final. If the Director affirms a denial, the time in which judicial review of the
21 Order must be sought shall be governed by California Code of Civil Procedure Section
22 1094.6, or other applicable State law.
23 8.14.070 Frequency, Duration, Hours and Permissible Dates.
24 A. Subject to the additional limitations imposed by paragraphs B and C of this
25 section, no yard sale shall be conducted by any person or at any location more
frequently than four (4) times in any calendar year. For purposes of this
26
27
28 Draft 08,04.10 3
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 5.68 AND ADOPTING A NEW
CHAPTER 8.14 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING YARD SALES.
1 section, "calendar year" means the twelve (12) month period from January
through December, inclusive.
2
3 B. Yard sales may be conducted up to a maximum period of three (3) consecutive
days.
4
5 C. Yard sales may be conducted only during daylight hours.
6 D. Yard sales shall only be conducted on the first weekend of the months of
February, May, August, and November. For purposes of this subsection the
7 term "weekend" means Friday, Saturday and Sunday.
8 8.14.080 Display of Goods.
9 Sale goods may not be displayed in the public right-of-way, and all sale goods shall be
10 arranged so that fire safety service and other officials may have access for inspection
at all times during the sale. Sale goods may only be displayed on the days of and
11 between the hours of sales as provided in this chapter.
12 8.14.090 Signs.
13
A. Three unlighted signs shall be permitted not exceeding four (4) square feet in
14 area advertising such sale. Such signs shall be displayed only during the
is period of the sale. The sign shall be permitted only on the property where such
sale is located. Such sign may be posted twenty-four (24) hours prior to the
16 sale and must be removed immediately following sale.
17 B. Directional signs not larger than two (2) square feet may be placed on private
property provided the person conducting the garage sale has obtained the prior
e consent from the owner or occupant of the premises where the directional sign
19 is placed. There shall be no more than four such directional signs erected for
any yard sale permitted pursuant to this chapter.
20
21 C. Any signage allowed by this section is prohibited on the public rights of way.
22 8.14.100 Estate Sale Exemptions.
23
24 A person, heir or survivor of an owner conducting an estate sale shall not be subject to
the limitations of section 8.24.070(A) regarding the permissible dates on which such
25 sale may be conducted. Notwithstanding, the person(s) conducting such an estate
sale shall be required to obtain a permit and pay the established fee and shall be
26 subject to all other regulations established herein.
27
2g Draft 08.04.10 4
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 5.68 AND ADOPTING A NEW
CHAPTER 8.14 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING YARD SALES.
1
2 8.14.110 Violation — Penalty.
3 A violation of this chapter shall be considered a misdemeanor and may be punished
as such, however, at the discretion of the City Attorney, the violation of any provisions
a of this article may be filed as an infraction. The complaint charging such violation shall
specify whether the violation is a misdemeanor or an infraction, which upon conviction
5 thereof is punishable in accordance with the provisions of Section 1.12.010. A
6 violation of this chapter may be enforced or punished in any manner prescribed by
law, including but not limited to issuance of administrative citations pursuant to
Chapter 9.92, through issuance of administrative civil penalties pursuant to Chapter
9.93, or through any other process or procedure established or allowed by this code or
a applicable law.
9
Section 2 In the event that any provision of this Ordinance, or any part thereof, or any
10 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
11 jurisdiction on its face or as applied, such holding shall not affect the validity of the
12 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
13 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
14 provision not been included herein.
15
16 [SIGNATURE PAGE FOLLOWS]
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2B Draft 08.04.10 5
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 5.68 AND ADOPTING A NEW
CHAPTER 8.14 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING YARD SALES.
1 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 thereof, held on
2 the day of 2009, by the following vote, to wit:
3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
4
MARQUEZ
s
6 DESJARDINS
7 BRINKER
8 SHORET
9 KELLEY
10
JOHNSON
11
z MC CAMMACK
13
14 Rachel Clark, City Clerk
is
16 The foregoing Ordinance is hereby approved this day of , 2010.
17
18 PATRICK J. MORRIS, Mayor
19 City of San Bernardino
Approved as to form:
20
JAMES F. PENMAN
21 City Attorney
22
23 By:
24
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28 Draft 08.04.10 6