Loading...
HomeMy WebLinkAboutCC ORD 1970-1250 Garage sales (Repealed by 1606)1250 i J to 010 ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING GARAGE SALES The City Council of the City of National City does hereby or- dain as follows: SECTION I. INTENT ANII PURPOSE. It is the intent and purpose of the City Council, in adopting this ordinance, to regulate those activities which, in the most technical sense have business or commercial characteristics but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly non- commercial in nature. Said regulations are intended to pre- vent the expansion of such non- commercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a non- commercial type of operation. It is the purpose of this ordi- nance to prevent such activities from unfairly competing with l i c e n s e d revenue -producing commercialand business enter- prises: to prevent the conduct of commercial enterprises upon other than commercially zoned property; and to curb the eva- sion of business license fees. SECTION II. DEFINITIONS. A. "Garage Sale" — For the purposes of this ordinance, a aao sale conductedbeage sale shall by an defined - indi- vidual homeowner, apartment dweller or occupant of a dwell- ing unit, for the purpose of disposing of unwanted or sur- plus household furnishings or other personalty. usually con- ducted in a garage in a residen- tial zone and for which no in- ventory is kept and no sales tax is paid on the transactions thus carried out. It may, at times, be conducted by a com- bination of residential dwellers. organization or club at a single location and may take on the nature and character of a rum- mage sale or fund raising event for civic and charitable pur- poses. Said garage sales shall not extend beyond a period of 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 Gcsds" means tangible personal prop- erty which bears a serial -.um- her or personalized initials or inscrintion, and shall inched^ second-hand tangible personal Property which, 't th^ ti it is acquired by the seller, hears evidence of having had a serial number or personalized initials or inscription. SECTION III. PROHIBITED ITEMS. It shall be unlawful for any per -on to exchange, barter, trade, or sell at a garage sale, the following items of personal property: Fire arms, ammunitition, explosives, animals and live- stock, any item of personal property from, which the serial number or identifying number has been removed, and any and all other items of personal Prop- erty erty which may be from being exchanged, bar- tered. traded or sold by Ordi- nance or Resolution made by the CityoCunl the lamof s of the State ional of ni California, or by any and all laws regulating the health and welfare of the City of Na- tional City, the County of San Diego, or the State of Califor- nia. SECTION IV. GARAGE SALES; REGULATED. Any resident, group of resi- dents. organization, or club of the City of National City may conduct a garage sale as de- fined herein; provided, how- ever, that in the case of an individual resident a no -fee per- mit shall first be obtained from the Planning Department of the City of National City; and in the case of any group of resi- dents. organization, or club, in addition to the no -fee permit, a $3.00 license -ball first be ob- tained from the City Treas- urer's office of the City of Na- tional City. Application for said permit shall be made a mini- mum of five (5) working days in advance of the proposed garage sale. The application form for said permit shall request the following informa- tion: 1. The name and address of the person or person- wishing to hold said garage sale. 2. The location where said sale shall be conducted, in- cluding a general designation of th area of the actual salee premises isto bewher e out. 3. A general description of the property to he offered for sale, and a detailed list of all identifiable items to be offered for sale. 4. The dates and time period when said sale shall be con- ducted. 5. An affidavit or declara- tion, under pen"lty of perinry, that the person or persons conductine said sale are cogni- zant of the provisions of this ordinance: the owners of the property offered for sale; that all said goods are second-hand; and that no more than one previous such garage sale has been held within the calendar year. INC more than twit garage sales may be conducted by the same person or persons, or at the same address, within the same calendar year. A garage sale permit oa and license period of four (1) (be limited days per sale. All personalty and furnishings must be the sale, Band rty omust bef those used conducting the goods. SECTION V. SIGNS. No signs advertising garage sales are allowed except: 1. There may be one (1) unlighted sign not exceeding six (6) square feet in area, on the premises of the sale. Said sign shall be of a tempo- rary nature and displayed not more than one (1) week in ad- vance of said sale, and removed not more than two (2) days after the SECTION conclusion VI. \VRITTEN NO- TICE. All garage sale permits issued by the City of National City shall indicate thereon, or have attached thereto, written notice of the restrictions of this ordi- nance. SECTION VII. VIOLATION A MISDEMEAQOR. Any person, o n . persons, organization, or club who shall violate any of thh: ordinanceshall provisions deemed guilty of a misdemeanor and shall be punishable by fine of not more than $250.00'or by im- prisonment in the County Jail for a period of not to exceed three (3) months, or by both such fine and imprisonment. PASSED AND ADOPTED by I he City Council of the City o, National City, California, this 22nd day of September, 1970, by the following vote, to -wit: AYES: Councilmen Camacho, Hogue, Reid, Waters, Morgan NAPES: Councilmen None ABSENT: None KILE MORGAN Mayor of the City of National City, California ATTEST: IONE MINOGUE City Clerk By JO B. FASTG Deputy City Clerk I hereby approve the fore- going Ordinance this 22nd day of SeEILPer, 1970. MORGAN Mayor of the City of National City, California I hereby certify that the above and foregoing s ae No. full and true copy 1250 of the Ordinances of the City of National City, California, as adopted by the City Council of said City, and approved by the. Mayor of said City, on the 22nd day of September, 1970. (Signed) IONE MINOGUE (Seal) City Clerk of the City of National City, Calif. Jo B. Fasig Deputy City Clerk NC5092 10'-4-70 AND I HEREBY' CERTIFT that the same has been duly Published according to law. City Clerk, City of "National City, Callforni