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HomeMy WebLinkAboutCC ORD 1984-1810 REGULATING GARAGE SALESORDINANCE NO. 1810 AN ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING GARAGE SALES BE IT ORDAINED by the City Council of the City of National City as follows: SECTION I. Intent and Purpose. The intent and purpose of this ordinance is to regulate activities which, in a technical sense have business or commercial characteristics, but because of the manner in which they are conducted or are being operated are truly non-commercial in nature. Said regulations are intended to prevent the expansion of non-commercial operations into commercial operations, and to regulate the activity so it will be confined to non-commercial operation. It is the purpose of this ordinance to prevent activities from unfairly competing with licensed revenue producing commercial and business enterprises. SECTION II. Definitions. A. Garage and Yard Sale. A garage and yard sale is any sale conducted by a home owner, apartment dweller or occupant of a dwelling for the purpose of disposing of unwanted or surplus household furnishings or other personally used merchandise, usually conducted in a garage or a yard of a residential zone, and for which no inventory is kept and no sales tax is paid on the transaction carried out. Said garage sales shall not extend beyond four (4) calendar days for any one sale. The term "garage sale" shall not be limited to sales conducted in the garage, but shall encompass household sales conducted on any portion of the premises, but shall not be defined to include the private sale of an individual item. B. Identifiable Goods. Identifiable goods means any tangible, personal property which bears a serial number or personalized initials or inscription and shall include second-hand tangible personal property which at the time bears evidence of having had a serial number or personalized initial or inscription. SECTION III. Prohibited Items. It shall be unlawful for any person to exchange, barter, trade, or sell at a garage sale the following items: Fire arms, ammunition, explosives, animals and livestock, any items of personal property from which the serial number or identifying number has been removed, and all other items which may be prohibited by ordinance or resolution duly adopted by the City Council of the City of National City or the laws of the State of California, or County of San Diego. SECTION IV. Regulations. Any resident, group of residents, organizations, or club of the City of National City may conduct a garage sale as defined herein; provided, however, that in the case of an individual resident a no -fee permit shall first be obtained from the Finance Department of the City of National City. And in the case of any group of residents, organization or club in addition to the no -fee permit, a $5.00 license shall first be obtained from the City Treasurer's office. Applications for said permit shall be made a minimum of five (5) working days prior to the proposed garage sale. The application form shall request the following information: 1. Name and address of the person(s) wishing to conduct the sale. 2. The location where the sale is to be conducted. 3. A general description of the property to be offered for sale. 4. Dates and time period when sale shall be conducted. 5. Signature of person(s) conducting sale. No more than two garage sales may be conducted by the same person(s) or at the same address, within the same calendar year. A garage sale permit shall be limited to a period of four (4) days per sale. All merchandise and furnishings must be the property of those conducting the sale, and must be used goods. SECTION V. Signs. No signs are allowed except: There may be one (1) unlighted sign not exceeding six (6) square feet in area, located on the premises of the sale. Said sign shall be of a temporary nature and displayed not more than one (1) week in advance of said sale, and removed not more than two (2) days after conclusion of sale. SECTION VI. Written Notice. All garage sale permits issued by the City of National City shall indicate thereon, or have attached thereto, written notice of this ordinance. SECTION VII. Violation. Any person(s) , organization, or club found to be in violation of the provisions of this ordinance shall be deemed guilty of an infraction and shall be punishable by a fine of not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same ordinance within one year. PASSED AND ADOPTED this /o day of ` , 198 ATTEST: YO Passed and adopted by the Council On January 10, 1984 Ayes: Councilmen Camacho, Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: of the City of National City, California, by the following vote, to -wit: Dalla, Van Deventer, Waters, Morgan KILE MORGAN Mayor of the City of National City, California of the City of NationsCity, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on December 6, 1983 and on. January 10, 1984 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1810 of the City of National City, passed and adopted by the Council of said City on (Seal) January 10, 1984 City Clerk of the City of National City, California By: Deputy