HomeMy WebLinkAboutCC ORD 1998-2141 Adds Ch. 7.21, garage, yard and rummage sales; repeals Chs. 6.45 and § 7.20.120 (7.21)ORDINANCE NO. 98-2141
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
REPEALING CHAPTER 6.45 REGARDING
GARAGE SALES AND REPEALING
SECTION 7.20.120, AND ADDING CHAPTER 7.21
TO THE MUNICIPAL CODE TO REGULATE
GARAGE, YARD AND RUMMAGE SALES
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code be amended as follows:
Section 1. That Title 6 is amended by repealing Chapter 6.45.
Section 2. That Title 7, Chapter 7.20, is amended by repealing Section 7.20.120.
Section 3. That Title 7 is amended by adding Chapter 7.21 and the table of
contents to read as follows:
Chapter 7.21
GARAGE, YARD AND RUMMAGE SALES
Sections:
7.21.010 Purpose and intent.
7.21.020 Definitions.
7.21.030 Permit and fee requirements.
7.21.040 Regulations on sales.
7.21.050 Prohibited items.
7.21.060 Advertising signs.
7.21.070 Display requirements.
7.21.080 Permit signs.
7.21.090 Refunds.
7.21.100 Additional rules.
7.21.110 Deadlines.
7.21.120 Violation --penalty.
7.21.010 Propose and intent. The purpose and intent of this chapter is to
regulate garage and yard sales of used goods on residential properties and rummage sales
on institutional property. In a technical sense, these types of sales of used goods possess
commercial characteristics but, because of the manner in which conducted or operated, are
generally considered noncommercial in nature. These regulations are intended to prevent
the expansion of commercial operations into residential and institutional properties, upgrade
Ordinance No. 98-2141
Page 2 of 5
the community image, and regulate sales activity outdoors of used personal property so as
to keep such sales noncommercial and not in violation of zoning laws. The provisions of
this Chapter 7.21 are not intended to create a substitute procedure for, or to allow sales
regulated by, Chapter 18.92 governing outdoor display of merchandise on commercial or
industrially zoned property. Persons who comply with this Chapter 7.21 are exempt from
payment of business taxes under Chapter 6.04. Private sales of individual items of personal
property which are not displayed out of doors are exempted from the prohibitions or
application of this section.
7.21.020 Definitions. A. A "garage sale" is any display and sale conducted by
an individual or group of home owners, apartment dwellers or occupants of a residential
dwelling for the purpose of disposing of unwanted or surplus household furnishings or other
used, personally owned goods, (collectively included under the term "used goods" as
defined in this section) usually conducted in a garage or driveway on a residential property,
for which no inventory is kept and no sales tax is required to be paid on the transaction
carried out. The term "garage sale"
includes sales of household goods conducted on any
portion of a residential premises including a yard, and hence sometimes called a "yard
sale" .
B. A "rummage sale" is any indoor or outdoor display and sale of "used goods"
as defined in Section 7.21.020E, conducted for fund raising purposes by a charitable or
fraternal organization that is exempted or qualified for exemption by Section 501(C)3 of the
Internal Revenue Code.
C. "Identifiable goods" means any tangible personal property which bears a
serial number, personalized initials or inscription and includes secondhand tangible personal
property which bears evidence of once having had a serial number or personalized initial or
inscription.
D. "Permit" means a permit issued by the finance department to conduct a
garage, yard or rummage sale.
E. "Used goods", when used in this chapter, means surplus household
furnishings or other used, personal goods, clothing and similar personal belongings that are
owned by or have been donated to the seller. The term specifically excludes new
furnishings, new merchandise or new goods that are being sold at retail or wholesale.
7.21.030 Permit and fee requirements. A. Any resident, or an organization or
club of the city of National City on behalf of its members, may conduct a garage sale or
rummage sale, respectively, as defined in this chapter; provided, however, that a permit is
first obtained from the finance department of the City of National City. The fee prescribed
in the National City Fee Schedule for each permit must be paid at the time of permit
issuance. The permit fee required under this Section 7.21.030 is in addition to any fee
required under Chapter 15.60 regarding temporary use permits.
Ordinance No. 98-2141
Page 3 of 5
B. Applications for a permit must be made at least 48 hours prior to the
proposed sale. The application shall provide the following information:
1. Name and address of the person(s) or organization(s) wishing to
conduct the sale;
2. The location where the sale is to be conducted;
3. A general description of the property qualifying as "used goods" to be
offered for sale;
4. Dates and time period when sale shall be conducted;
5. Signature of person(s) or agent conducting sale.
6. Authorization of property owner or managing agent of multifamily
apartment or condominium complexes.
C. A separate permit and fee payment is required for each address at which a
sale is to be conducted, except that a single permit fee may be charged when a group of
residents arrange a neighborhood garage sale for the collective purpose of funding a
neighborhood civic program or activity.
7.21.040 Regulations on sales. A. All used goods being sold must be the
property of those conducting the sale or on whose behalf the sale is being conducted.
B. It shall be presumed that goods on display consisting of three (3) or more
products of a similar nature in an original unopened container or packaging constitute new
merchandise that is being vended as part of a commercial enterprise, and are therefore
prohibited under this Chapter 7.21.
C. Conducting a garage or rummage sale for which no permit was issued counts
as a garage or rummage sale for purposes of computation of the annual sales limit. Each
sale and each permit is limited to a maximum period of four consecutive days per sale.
D. No more than two garage sales may be conducted at the same address within
the same calendar year at any single-family residence. No person may conduct more than
two (2) garage sales within the same calendar year regardless of location.
E. No more than two rummage sales may be conducted by a qualifying
organization during any calendar year.
F. Special rules for multi -family apartment and condominium complexes: The
maximum number of garage sales permitted at any residential apartment complex with three
(3) or more units, or in a condominium complex with three (3) or more dwelling units, is
limited to a maximum of two (2) sales per calendar year. The property owner, managing
agent or management official must co-sign the application to authorize the sale on the
premises before a permit will .b ” issued.
G. Persons displaying or selling goods in violation of Chapter 7.21 shall
immediately cease and desist from further sales activity and shall remove all goods and
wares from display upon direction of an authorized officer of the City of National City. An
enforcement official is authorized to impound goods being displayed or sold in violation of
this chapter as evidence pending citation and enforcement.
Ordinance No. 98 -2141
Page 4 of 5
H. Except at licensed "swap meets," sales of used goods outdoors on property
used for commercial or industrial purposes is prohibited, and no permit shall be issued
under this Chapter 7.21 for that purpose.
I. All permits issued by the City of National City shall include written notice of
the provisions of this Chapter.
7.21.050 Prohibited items. It is unlawful for any person to exchange, barter,
trade, or sell at a garage or rummage sale the following items: firearms, ammunition,
explosives, animals and livestock, any identifiable goods, and all other items the sale or
possession of which may be prohibited by ordinance or resolution duly adopted by the City
Council of the City of National City or by the laws of the state of California or County of
San Diego.
7.21.060 Advertising signs. Only one unlighted advertising sign not exceeding
six square feet in area may be located on the premises of the sale. The sign must be of a
temporary nature, may be displayed not more than one week in advance of said sale, and
must be removed upon conclusion of the sale. Signs are prohibited in the public right-of-
way.
7.21.070 Display requirements. A. All used goods to be sold must be
displayed on property owned or controlled by the permittee or which the permittee is
authorized to use by the property owner or manager.
B. No used goods shall be displayed on streets or public sidewalks.
C. No used goods shall be displayed on a vacant or undeveloped lot.
7.21.080 Permit sign. The finance officer will issue a distinctive permit sign to
each permittee. The permit sign must be posted in a conspicuous spot, to be visible from
the abutting public right-of-way or access point for enforcement purposes.
7.21.090 Refunds. Refunds of any permit fee paid will not be made. A credit
will be issued if the permit is physically surrendered to the finance department prior to the
first authorized day of the permit. After that date, the fee is non -creditable and the issued
permit counts against the number of permits authorized in Section 7.21.040.
7.21.100 Additional rules. The finance officer may promulgate additional rules
to implement and administer the provisions of this Chapter 7.21 and may use existing
stocks of forms until depleted.
7.21.110 Deadlines. The finance officer shall not issue a permit unless
application is made at least 48 hours in advance.
Ordinance No. 98-2141
Page 5 of 5
7.21.120 Violation --penalty. A. It is unlawful:
1. To conduct a garage, yard or rummage sale without a permit;
2. To alter a permit or permit sign;
3. To fail to discontinue operation of an unpermitted sale or to fail to
remove displayed goods upon request of an enforcement official;
4. To post signs in violation of Section 7.21.060;
5. To fail to post a permit sign;
6. To sell used goods that are not the property of the permittee or a person
on whose behalf the sale is conducted, or to sell other than used goods;
7. To apply for a permit on behalf of a person or organization that is not
authorized to conduct a garage, yard or rummage sale;
8. To make a false statement or representation on a permit application; or
9. To display used goods on a street, public sidewalk or vacant lot.
B. Each violation of the provisions of this chapter is an infraction, punishable by a
fine not exceeding fifty dollars for a first violation, a fine not exceeding one hundred dollars
for a second violation of this section within one year, or a fine not exceeding two hundred fifty
dollars for each additional violation of this section within one year.
PASSED and ADOPTED this 17th day of February, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dall, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
flch7-20-L
Passed and adopted by the Council of the City of National City, California, on February 17,
1998, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
A
ity Clerk of thefCity of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
January 20, 1998 and on February 17, 1998.
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
member 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 correct copy of
ORDINANCE NO. 98-2141 of the City Council of the City of National City, passed and adopted
by the Council of said City on February 17, 1998.
City Clerk of the City of National City, California
By:
Deputy