HomeMy WebLinkAboutMC-1339
Adopted: November 15, 2010
Effective: December 16, 2010
ORDINANCE NO. KC-1339
1 AN ORDINANCE OF THE MA VOR 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 V ARD SALES
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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;
and
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WHEREAS, the Mayor and Common Council of the City of San Bernardino find
that it is necessary to require permits for those residents desiring to hold a Yard Sale
in order to facilitate regulation of such sales and to establish limitations of the dates
and times Vard Sales may be held.
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NOW THERFORE, THE MA VOR AND COMMON COUNCil OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOllOWS:
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Section 1.
Chapter 5.68 of Title 5 is hereby repealed.
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Section 2.
A new Chapter 8.14 of Title 8 is hereby adopted to read as follows:
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Chapter 8.14
YARD SALES
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8.14.010 Definitions.
8.14.020 Permit required.
8.14.030 Permit Fee.
8.14.040 Permit - Posting.
8.14.050 Permit - Application
8.14.060 Permit-Issuance or Denial
8.14.070 Frequency, Duration, Hours and Permissible Dates.
8.14.080 Display of Personal Property
8.14.090 Signs.
8.14.100 Permit Exemptions.
8.14.110 Violation - Penalty.
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8.14.010 Definitions.
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A. "Department" means the Community Development Department of the City of
San Bernardino.
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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
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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.
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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.
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D. "Seller" means any of the following:
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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.
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E. "Yard Sale" means the offer of sale of personal property, open to the public,
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
sale," "lawn sale," "yard sale," "porch sale," "patio sale", "estate sale", "moving
sale", "flea market" or "rummage" sale.
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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.
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8.14.020 Permit required.
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A. It is unlawful for any seller, person, firm, or corporation to conduct, operate,
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
chapter and paying the required fee.
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B. A separate permit shall be required for every Yard Sale, regardless of the
geographic proximity of one Yard Sale to another Yard Sale.
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8.14.030 Permit Fee.
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A. The fee for such permit shall be set by separate resolution of the Mayor and
Common Council.
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B. The permit fee requirement of this chapter shall not apply to any bona fide non-
profit organization when the proceeds from the Yard Sale are used directly for
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charitable, educational or cultural purposes and the Yard Sale takes place on
the residential or commercial property of the non-profit organization.
Notwithstanding this permit fee exemption, a bona fide non-profit organization
must comply with all other provisions of this chapter.
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8.14.040 Permit - Posting.
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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 location visible from the public right-of-way during
all times that the sale is in progress.
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8.14.050 Permit - Application.
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Each Seller must submit a complete application in a form approved by the
Department. Each application shall at a minimum contain the following:
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A. Seller's name;
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B. Seller's address (Yard Sale location);
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C. The date(s) and hours of the Yard Sale;
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D. A signed declaration by the Seller that the Yard Sale will be conducted in
compliance with this ordinance.
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8.14.060 Permit-Issuance or Denial.
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The Department shall issue a permit upon submission of a completed application
unless the Department determines that issuance of said permit will violate the
provisions of this chapter. A denial of an application may be appealed to the Director
or his/her designee by filing a Request for an Administrative Hearing with the City
Clerk within 5 days.
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8.14.070 Frequency, Duration, Hours and Permissible Dates.
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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.
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B. Yard Sales may be conducted up to a maximum period of three (3) consecutive
days.
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C. Yard Sales may be conducted only during daylight hours.
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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.
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8.14.080 Display of Personal Property.
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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.
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8.14.090 Signs.
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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)
hours prior to the Yard Sale and must be removed immediately following the
Yard Sale.
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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.
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C. Any signage allowed by this section is prohibited on the public rights-of-way.
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8.14.100 Estate Sale Exemption.
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A. A person with legal authority over the Personal Property of another, who is
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
which such Yard Sale may be conducted. The person(s) conducting such
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.
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B. The child, survivor, or heir of the owner of Personal Property, 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 8.14.070(A) 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 pay
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the established fee and shall be subject to all other regulations established
herein.
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8.14.110 Violation - Penalty.
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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.
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Section 3. 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.
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12 III
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III
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KC-1339
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
4 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
5 thereof, held on the 15th day of November ,2010, by the following vote, to wit:
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7 COUNCIL MEMBERS:
8 MARQUEZ
9 DESJARDINS
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BRINKER
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SHORETT
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13 KELLEY
14 JOHNSON
15 MCCAMMACK
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AYES
NAYS
ABSTAIN
ABSENT
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ar~ h~~
Rachel Clark, City Clerk
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The foregoing Ordinance is hereby approved this ~day of November ,2010.
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23 Approved as to form:
24 JAMES F. PENMAN
25 City Attorney
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ayor
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