Article 5. Garage Sales linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=24262
4-4-501: Definition Of Garage Sale
4-4-502: Garage Sale; Permit Required
4-4-503: Application Requirement
4-4-504: Criteria For Issuance Or Denial
4-4-505: Conditions
4-4-506: Suspension And Revocation Of Permit
4-4-507: Suspension Notice
4-4-508: Suspension Hearing
4-4-509: Failure To Request Hearing
4-4-510: Frequency And Duration
4-4-511: Hours Of Sale
4-4-512: Permitted Locations
4-4-513: Ownership Of Property
4-4-514: Inspection
4-4-515: Advertising
4-4-516: Property Not Used For Residential Purposes

4-4-501: DEFINITION OF GARAGE SALE:linklink


For the purposes of this article, "garage sale" shall mean a sale of personal household property held on the premises of a private single-family or multiple-family residence by the owner, owners, tenants or occupants thereof. "Garage sale" shall include lawn sales, yard sales, attic sales, rummage sales, moving sales, patio sales and estate sales that meet the definition set forth in this section. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209883
4-4-502: GARAGE SALE; PERMIT REQUIRED:linklink

A garage sale may be conducted pursuant to a permit issued by the director of building and safety. No person shall conduct a garage sale without first obtaining a permit therefor from the director of building and safety. The fee for such permit shall be twenty five dollars ($25.00) or as otherwise specified by a resolution of the city council. (Ord. 92-O-2160, eff. 1-8-1993)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209884
4-4-503: APPLICATION REQUIREMENT:linklink

The director of building and safety may grant a permit to conduct a garage sale upon the submittal of a complete application to the department of building and safety in a form satisfactory to the director. Each application shall contain the following information:


A. The name of the applicant.


B. The applicant's address (sale location).


C. The area within the property where the sale is to be held.


D. The date(s) and hours of the sale.


E. A general description of the type of merchandise to be sold.


F. 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 property to be offered for sale. (Ord. 92-O-2160, eff. 1-8-1993)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209885
4-4-504: CRITERIA FOR ISSUANCE OR DENIAL:linklink

Within ten (10) days after submittal of a complete application, the director of building and safety shall issue a garage sale permit unless the director determines that the applicant has made a material misrepresentation in the application or the director determines that the garage sale, as proposed, will violate the provisions of this article, or will violate the provisions of any other local, state or federal regulation. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209886
4-4-505: CONDITIONS:linklink

The director of building and safety may impose conditions upon the approval of a garage sale permit for the purpose of ensuring that the garage sale complies with the regulations set forth in this article and all other local, state and federal regulations. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209887
4-4-506: SUSPENSION AND REVOCATION OF PERMIT:linklink

The director of building and safety or the chief of police may immediately suspend a garage sale permit for any of the following reasons:


A. The director or chief determines that the applicant has made a materially false statement on the application.


B. The director or chief determines that the garage sale is not being conducted as approved or as conditioned.


C. The director or chief determines that the garage sale is being conducted in violation of this article or any other local, state or federal regulation.


D. The director or chief determines that the garage sale is being conducted in a fraudulent or disorderly manner, or in a manner that endangers the public health, safety or welfare.

Upon suspension of a garage sale permit, the permittee shall immediately end the sale and remove all signage relating to the sale from public view. In addition, all property for sale shall be removed from the authorized sale area. (Ord. 92-O-2160, eff. 1-8-1993)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209888
4-4-507: SUSPENSION NOTICE:linklink

At the time of suspension, the permittee shall be notified in writing of the grounds for suspension. The notice shall also inform the permittee that the permittee may request a hearing concerning the suspension by filing a written request for hearing with the city manager's office within ten (10) days after the suspension. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209889
4-4-508: SUSPENSION HEARING:linklink

If the permittee files a written request for a hearing with the city manager's office within ten (10) days after the suspension, the city manager, or the city manager's designee, will hold a hearing on the suspension. The hearing will be held within thirty (30) days after such request is filed and will be conducted pursuant to the rules and regulations promulgated under section 4-1-110 of this title. If the hearing officer determines that the permit was improperly suspended, then the hearing officer shall direct the director of building and safety to reissue the permit for a new date or dates. If the hearing officer determines that the permit was properly suspended, then the hearing officer shall declare the permit revoked. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209890
4-4-509: FAILURE TO REQUEST HEARING:linklink

If the permittee fails to request a hearing pursuant to section 4-4-508 of this article, then a suspended permit shall be deemed revoked. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209891
4-4-510: FREQUENCY AND DURATION:linklink

No garage sale shall be conducted by any person or at any location more frequently than once every six (6) months. Furthermore, garage sales shall be limited to a period of two (2) consecutive days. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209892
4-4-511: HOURS OF SALE:linklink

No garage sale shall begin before nine o'clock (9:00) A.M., nor continue beyond six o'clock (6:00) P.M. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209893
4-4-512: PERMITTED LOCATIONS:linklink

Garage sale items shall be displayed or stored only within a permanent structure or in a side yard or rear yard other than a street side yard. No area in a front yard or otherwise between a primary residential structure and an adjacent street shall be used to display or store any goods, products or merchandise. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209894
4-4-513: OWNERSHIP OF PROPERTY:linklink

Merchandise sold at a garage sale shall be limited to property owned exclusively by the person conducting the garage sale. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209895
4-4-514: INSPECTION:linklink

All merchandise offered for sale at a garage sale shall be made available for inspection by the Beverly Hills police department. If requested by the police department, the person conducting the sale shall produce evidence of title or ownership to the merchandise offered for sale. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209896
4-4-515: ADVERTISING:linklink

Upon approval of a garage sale permit, the director of building and safety shall issue a sign or signs that may be used to advertise the garage sale. No other sign or signs shall be used to advertise the garage sale. Placement of the sign or signs shall comply with the following criteria:


A. Location: No sign or other form of advertisement of a proposed garage sale shall be placed upon any public property within the city or upon any other property within the city, except upon the premises where a sale is legally permitted.


B. Vehicle Signs: No sign or other form of advertisement for a garage sale shall be placed or posted on any vehicle.


C. Size: No more than one sign, not to exceed three (3) square feet in size, may be placed in the front yard of the premises where the sale is conducted. However, if the sale is to be conducted on a corner lot, one additional sign not to exceed three (3) square feet in area may be displayed in the street side yard.


D. Flags: Except as otherwise permitted by this article, no flag or any other device intended to attract attention to the garage sale shall be displayed. (Ord. 92-O-2160, eff. 1-8-1993)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209897
4-4-516: PROPERTY NOT USED FOR RESIDENTIAL PURPOSES:linklink

The provisions of this article shall not apply to religious institutions, schools, charitable organizations or other conditionally permitted uses on residentially zoned property if the property is not being used for residential purposes. (Ord. 92-O-2160, eff. 1-8-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=209898