Chapter 25 ZONING ORDINANCE.
Article 21. Special Provisions.
Sec. 25-21-65. Garage and yard sales restrictions.
(a) Purpose. This section permits a garage sale or a yard sale in a
residential zone subject to restrictions hereinafter set forth designed to
protect the character of residential zones and the peace, privacy, safety, and
general public welfare of persons within such zones.
(b) Garage or Yard Sale
Defined. A garage, patio or yard sale shall mean a sale conducted by any
occupant of a residence from any location on the premises in any kind of
residential zone of personal property accumulated during the course of ordinary
residential living by selling the same to the public. Premises of churches,
charitable organizations, schools, and other nonprofit organizations are not
residences as defined herein and expressly are not subject to the restrictions
applicable to a garage, patio, or yard sale defined
(c) Restrictions. A garage, patio, or yard sale as herein above
defined only may be conducted as follows:
(1) No more than two sales may be
conducted in any one calendar year.
(2) Each sale shall last no more than
three consecutive days beginning each day no earlier than 8:00 A.M. and end no
later than 8:00 P.M., and shall be held no sooner than ninety calendar days
after a prior sale.
(3) Only a temporary advertising sign conforming to
zoning ordinance standards and regulations shall be permitted, and posting the
sign earlier than one day after the sale shall be prohibited.
property sold at a sale should not include secondhand goods obtained for
purposes of resale.
(d) Enforcement. Any person may lodge a complaint with
an enforcement official. An "enforcement official" shall mean a city building
inspector or city police officer or other person designated by the community
The enforcement official shall investigate each
complaint and, if warranted, issue a citation or refer the matter to the city
attorney for filing of a complaint; provided, however, that the enforcement
official shall given only a warning for a first violation of the provisions of
this article upon a written promise by the violator that no further violations
(e) Penalties. Violation of any provision of this article shall
subject the violator to suit for civil remedy or criminal penalty, or both. The
criminal penalty for a first or second offense shall be punishable as an
infraction as defined by the California Penal Code, as amended from time to
time. The criminal penalty for a third offense or more, shall be punishable as a
misdemeanor as defined by the California Penal Code, as amended from time to
time. The term "offense" shall mean a judgment by a court that the provisions of
this article have been violated as a matter of criminal law. (Amended during the
March 2009 supplement.)