Chapter 5.32
GARAGE SALES*
Sections:
5.32.010 Intent and purpose of provisions.
5.32.020 Definitions.
5.32.030 Regulations generally – License required – Application contents.
5.32.040 Prohibited items.
5.32.050 Advertising signs permitted when.
5.32.060 Penalty for violations.
* For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to license businesses in the exercise of police power, see Bus. and Prof. Code §§ 16000 – 16003.
5.32.010 Intent and purpose of provisions.
It is the intent and purpose of the city council, in adopting this chapter, 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 noncommercial in nature. Said regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially zoned property; and to curb the evasion of business license taxes. (Ord. 2408 § 1, 1990; Ord. 1218 § 1, 1969; prior code § 18.301).
5.32.020 Definitions.
“Garage sale,” for the purposes of this chapter, means a sale conducted by an individual homeowner, apartment dweller or occupant of a dwelling unit for the purpose of disposing of unwanted or surplus household furnishings or other personalty, usually conducted in a garage in a residential zone and for which no inventory is kept and no sales tax is paid on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location, and may take on the nature and character of a rummage sale or fund-raising event for civic or charitable purposes. Said garage sales shall not extend beyond a period of 10 calendar days for any one sale. The term “garage sale” is not limited to sales conducted in the garage, but encompasses household sales conducted on any portion of the premises. (Ord. 2049 § 1, 1983; Ord. 1559 § 1, 1974; Ord. 1404 § 1, 1972; Ord. 1218 § 1, 1969; prior code § 18.302).
5.32.030 Regulations generally – License required – Application contents.
Any resident or group of residents, organization, or club of the city may conduct a garage sale, as defined herein; provided, however, that a license shall first have been obtained from the city. There shall be no tax for a garage sale license obtained prior to the sale. If the license is not obtained prior to the sale, the license tax shall be as presently designated, or as may in the future be amended, in Section 5.32.030 of the master tax schedule in CVMC 5.07.030.
The application for the license shall request the following information:
A. The name and address of the person or persons wishing to hold the garage sale;
B. The location where the sale shall be conducted, including a general designation of the area of the premises where the actual sale is to be carried out;
C. A general description of the property offered for sale;
D. The dates and time period when the sale shall be conducted;
E. An affidavit or declaration, under penalty of perjury, that the person or persons conducting the sale are the owners of the property offered for sale; that all of the goods are secondhand; and that no more than one previous such garage sale has been held within the calendar year.
No more than two garage sales may be conducted by the same person or persons or at the same place within the same calendar year. A garage sale license shall be limited to a period of 10 consecutive days per sale. All personalty and furnishings must be the property of those conducting the sale, and must be used goods. The license may be secured either at the office of the director of finance, or by telephoning the director of finance, who will mail the appropriate form to the party so requesting, and who shall, in turn, mail the completed application back to the office of the director of finance. (Ord. 2408 § 1, 1990; Ord. 2049 § 2, 1983; Ord. 1801 § 7, 1978; Ord. 1559 § 1, 1974; Ord. 1404 § 1, 1972; Ord. 1218 § 1, 1969; prior code § 18.303).
5.32.040 Prohibited items.
It is unlawful for any person to exchange, barter, trade or sell at a garage sale the following items of personal property: Firearms, ammunition, explosives, animals and livestock, any item of personal property from which the serial number or identifying number has been removed, and any and all other items of personal property which may be prohibited from being exchanged, bartered, traded or sold by ordinance or resolution of the city, the county of San Diego, or the state of California. (Ord. 1559 § 1, 1974; Ord. 1404 § 1, 1972; Ord. 1218 § 1, 1969; prior code § 18.303).
5.32.050 Advertising signs permitted when.
No signs advertising garage sales are allowed, except that there may be one unlighted sign, not exceeding six 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 week in advance of the sale, and removed not more than two days after the conclusion of the sale. (Ord. 1559 § 1, 1974; Ord. 1404 § 1, 1972; Ord. 1218 § 1, 1969; prior code § 18.303).
5.32.060 Penalty for violations.
Any violation of this chapter shall constitute an infraction, and the administrative citation provisions contained in Chapter 1.41 CVMC shall be applicable. (Ord. 2718 § 1, 1998).