GARAGE SALES IN RESIDENTIAL DISTRICTS
6.22.020 Garage sale defined.
6.22.030 Garage sale permit and fees.
6.22.040 Limit on permits—Non-assignability.
6.22.050 Days and hours of sale.
6.22.060 Display of property for sale.
6.22.080 Permit conclusion.
6.22.090 Persons and sales excepted.
6.22.100 Sale of food or beverage prohibited.
6.22.010 Title. This chapter shall be known as the ordinance regulating garage sales in the residential zoning districts of the city.
6.22.020 Garage sale defined. For purposes of this chapter, “garage sale” means and includes all occasional sales conducted indoors or outdoors on residential premises by the occupant of those premises (either as an owner, renter or guest) where miscellaneous items of tangible personal property are offered for sale to the general public. Unlicensed home businesses conducting wholesale or retail sales of goods, is not considered a garage sale under this chapter, and must comply with the City of Delano business licensing requirements.
6.22.030 Garage sale permit and fees. A. It is unlawful for any person to conduct a garage sale in the city without first filing with the finance department the information hereinafter specified and obtain from such clerk a license to do so, to be known as a garage sale license. The fee for such license shall be five dollars for the first and second license, and ten dollars for a third and fourth license during any twelve month period.
B. Before a garage sale permit is issued, the person or persons conducting the sale shall file a written application for a permit with the finance director paying the required nonrefundable application fee. The permit application shall be under penalty of perjury and shall contain the following information:
1. Name, address and telephone number of person, firm, group, corporation, association or organization conducing such garage sale and applying for the garage sale permit;
2. Name of owner of the property on which such garage sale is to be conducted, and state that the person conducting the garage sale has the consent of owner if applicant is other than the owner;
3. Locations at which the garage sale is to be conducted;
4. Specific date and number of days for the garage sale;
5. Date and nature of any past garage sale;
6. Relationship or connection applicant may have had with any other person, firm, group, organization, association or corporation conducting such garage sale and the date or dates of such garage sale;
7. Whether or not applicant has been issued any other vendor’s license by any local, state or federal agency;
8. A statement that the person or persons conducting the garage sale is/are the owners of the personal property offered for sale, and that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale;
9. Sworn statement or affirmation by the person signing the application that the information therein given is full and true and known to him/her to be so.
C. Each garage sale permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed garage sale and shall be removed at completion of sale.
6.22.040 Limit on permits—Non-assignability.
A. Except as provided in this section, no more than four permits shall be issued to the same person or for the same premises during any calendar year. No permit shall be transferable to another person or to another premises.
B. Provided, however, that where possession of any premises changes hands, the new owner or tenant shall have the same right to apply for garage sale permits as though no previous permit had been issued to those premises. That is to say, he or she shall be entitled to apply for up to four garage sale permits for the premises during the twelve months commencing within the change of ownership or possession.
6.22.050 Days and hours of sale. No permit shall be approved and no sale shall be conducted for more than two consecutive days. Garage sales will only be authorized on Saturdays and Sundays. The garage sale shall not be conducted before six a.m. or after five p.m. on the permitted days.
6.22.060 Display of property for sale. Personal property offered for sale shall not be displayed within the public right-of-way of any residentially zoned premises.
6.22.070 Signs. Signs advertising a garage sale for which a permit has been issued under this chapter may be placed or erected on the sale premises subject to the following conditions:
A. No sign shall exceed four square feet in area.
B. No sign shall be displayed at times other than the permitted time of sale. Such signs shall be exempt from other requirements of this code.
C. No sign shall be posed on city-installed traffic control signs or posts.
6.22.080 Permit conclusion. The permit can be cancelled, by the legal applicant, up to four-thirty p.m. on the day prior to the date(s) of sale.
6.22.090 Persons and sales excepted. The provisions of this chapter shall not apply to or affect the following persons or sales:
A. Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officials;
C. Any person selling or advertising for sale and item or items of personal property which are specifically name or described in the advertisement and which separate items do not exceed seven in number.
6.22.100 Sale of food or beverage prohibited. It shall be unlawful for any property owner, renter, guest at any permitted garage sale within the City of Delano to sell or offer for sale, any food, beverage, vegetable, fruit, or any other items designed for human consumption.
6.22.110 Violation—Infraction. Every person who, for himself or herself, or as the agent of another, commences, engages in, conducts or carries on any sale as provided in this chapter without procuring the permit required by Section 6.22.030 or who fails to comply with the conditions and provision of this chapter shall be punishable by:
A. A fine not exceeding one hundred dollars for a first violation;
B. A fine not exceeding two hundred dollars for a second violation within on year; and
C. A fine not exceeding five hundred dollars for each additional violation within one year.