(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 herein.
(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.
(4) Personal 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 development director.
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 shall occur.
(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.)