HomeMy WebLinkAbout10- Community Development 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: October 21, 2010
MCC Date: November 1, 2010
Synopsis of Previous Council Action:
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 said Ordinance be laid over for final adoption.
ra� 6., Roy
Valerie C. Ross
Contact Person: Valerie C. Ross Phone: 5357
Supporting data attached: Staff Report Ward(s): Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
• Finance:
Council Notes:
CV ,tee - 133 9
Agenda Item No.
H- t�-/O
I
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
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.
On October 19, 2010,the Legislative Review Committee considered the revised ordinance.
There was considerable discussion amongst the committee members, staff, and neighborhood
association members. Councilmembers Marquez and Shorett recommended that the
ordinance be moved to Mayor and Common Council for adoption as a pilot program, with
staff returning to LRC a year from the effective date of the ordinance. Councilmember
McCammack voted against adoption of the ordinance.
Code Enforcement staff has increased weekend inspections based on the increase in number
of complaints and maintains 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
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT continued
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. However, as noted above, the fee will be reviewed and moved from
the City Clerk's Office to Code Enforcement. The adoption of the proposed action will enable
the City to issue the permits and enforce the regulations.
Recommended Motion:
That said Ordinance be laid over for final adoption.
Exhibits:
1 Yard Sale Survey
2 Ordinance
3
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1 age or disability and which sale is conducted primarily inside a residential unit
by a person or entity that has legal authority to make such sale.
2
3 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
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 D.. "Seller" means any of the following:
7
1. The person authorized by the premises owner to sell the personal
8 property at the Yard Sale;
9 2. The tenant of the premises where the Yard Sale is conducted;
3. The owner of the premises where the Yard Sale is conducted.
10
E. "Yard Sale" means the offer of sale of personal property, open to the public,
11 conducted from or on a premise in any residential zone. The term "Yard Sale"
includes, but is not limited to, all sales entitled, advertised or called "garage
12 sale," "lawn sale," "yard sale," "porch sale," "patio sale", "estate sale", "moving
. 13 sale", "flea market" or "rummage" sale.
14 F. As used in this chapter, the term "Residential Zone" includes any residentially
15 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
16 zoned for another use, providing the actual and principal current use of such
premises is for residential purposes. The definition includes both single-family
17 and multiple-family residential zones.
18 8.14.020 Permit required.
19
A. It is unlawful for any seller, person, firm, or corporation to conduct, operate,
20 maintain, organize or carry on a Yard Sale within the City without having first
obtained a permit from the Department in accordance with the provisions of this
21 chapter and paying the required fee.
22
B. A separate permit shall be required for every Yard Sale, regardless of the
23 geographic proximity of one Yard Sale to another Yard Sale.
24 8.14.030 Permit Fee.
25
A. The fee for such permit shall be set by separate resolution of the Mayor and
26 Common Council.
27 B. The permit fee requirement of this chapter shall not apply to any bona fide non-
28 profit organization when the proceeds from the Yard Sale are used directly for
2
1 charitable, educational or cultural purposes and the Yard Sale takes place on'
the residential or commercial property of the non-profit organization.
2 Notwithstanding this permit fee exemption, a bona fide non-profit organization
3 must comply with all other provisions of this chapter.
9 8.14.040 Permit— Posting.
5 It is unlawful for any Seller to conduct a Yard Sale as provided in this chapter unless a
6 valid permit is posted in a prominent location visible from the public right-of-way during
all times that the sale is in progress.
7
8.14.050 Permit-Application.
8
9 Each Seller must submit a complete application in a form approved by the
Department. Each application shall at a minimum contain the following:
10
A. Seller's name;
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12 B. Seller's address (Yard Sale location);
13 C. The date(s) and hours of the Yard Sale;
14 D. A signed declaration by the Seller that the Yard Sale will be conducted in
15 compliance with this ordinance.
16 8.14.060 Permit— Issuance or Denial.
17 The Department shall issue a permit upon submission of a completed application
unless the Department determines that issuance of said permit will violate the
1e provisions of this chapter. A denial of an application may be appealed to the Director
19 or his/her designee by filing a Request for an Administrative Hearing with the City
I Clerk within 5 days.
20
21 8.14.070 Frequency, Duration, Hours and Permissible Dates.
22 A. Subject to the additional limitations imposed by paragraphs B and C of this
section, no Yard Sale shall be conducted by any Seller or at any location more
23 frequently than twelve (12) times in any calendar year. For purposes of this
section, "calendar year" means the twelve (12) month period from January
24 through December, inclusive.
25
B. Yard Sales may be conducted up to a maximum period of three (3) consecutive
26 days.
27 C. Yard Sales may be conducted only during daylight hours.
2e
3
1 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
2 Sunday,
3 8.14.080 Display of Personal Property.
4
Personal Property may not be displayed in the public right-of-way, and all Personal
5 Property shall be arranged so that fire safety service and other officials may have
6 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
7 chapter.
8 8.14.090 Signs.
9 A. Three unlighted signs shall be permitted not exceeding four (4) square feet in
to 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
11 where such Yard Sale is located. Such signs may be posted twenty-four (24)
hours prior to the Yard Sale and must be removed immediately following the
12 Yard Sale.
13
B. Directional signs not larger than two (2) square feet may be placed on private
14 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
15 is placed. There shall be no more than four such directional signs erected for
16 any Yard Sale permitted pursuant to this chapter.
17 C. Any signage allowed by this section is prohibited on the public rights-of-way.
18 8.14.100 Estate Sale Exemption.
19
A. A person with legal authority over the Personal Property of another, who is
20 the Seller at an Estate Sale of such Personal Property, shall not be subject
to the limitations of section 8.14.070(A) regarding the permissible dates on
21 which such Yard Sale may be conducted. The person(s) conducting such
22 an Estate Sale shall be required to obtain a permit and pay the established
fee and shall be subject to all other regulations established herein.
23
B. The child, survivor, or heir of the owner of Personal Property, who is the
24 Seller at an Estate Sale of such Personal Property, and who attests that the
25 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
26 subject to the limitations of section 8.14.070(A) regarding the permissible
dates on which such Yard Sale may be conducted. The person(s)
27 conducting such an Estate Sale shall be required to obtain a permit and pay
26
4
1 the established fee and shall be subject to all other regulations established
herein.
3 8.14.110 Violation — Penalty.
4 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
5 applicable law.
6 Section 3. In the event that any provision of this Ordinance, or any part thereof, or
7 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
8 jurisdiction on its face or as applied, such holding shall not affect the validity of the
9 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
10 circumstance. It is hereby declared to be the legislative intent of the City that this
Ordinance would have been adopted had such unconstitutional, invalidl or ineffective
11 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 REPEALING CHAPTER 5.68 AND ADOPTING A
2 NEW CHAPTER 8.14 OF THE SAN BERNARDINO MUNICIPAL CODE
3 REGARDING YARD SALES
y 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
5 thereof, held on the day of , 2010, by the following vote, to wit:
6
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 DESJARDINS
to
BRINKER
11
12 SHORETT
13 KELLEY
19 JOHNSON
15 MCCAMMACK
16
17
Rachel Clark, City Clerk
is
19
The foregoing Ordinance is hereby approved this day of , 2010.
20
21
22 PATRICK J. MORRIS, Mayor
City of San Bernardino
23 Approved as to form:
21 JAMES F. PENMAN
25 City Attorney
26
By.
27
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