Chapter 5.50


5.50.010    Definitions.

5.50.020    Restrictions upon advertising yard sales – Signboards.

5.50.023    Permit required.

5.50.025    Restrictions on quantity and duration of yard sales.

5.50.030    Violation – Penalty.

5.50.035    Chapter supersedes conflicting provisions.

5.50.010 Definitions.

“Sign” means an advertisement for the purpose of attracting public attention or patronage to a yard sale.

“Yard sale” shall mean any sale of used household goods or other items held on the front or back lawn of a house, or on a vacant lot or on other property within the city, and shall include such sales commonly known as garage sales and similar casual sales of tangible personal property. (Ord. 2010-14, 2010; Ord. 2004-5 § 1, 2004).

5.50.020 Restrictions upon advertising yard sales – Signboards.

A. It shall be unlawful for any person who conducts a yard sale to advertise such sale by posting, placing or in any manner displaying a sign on any utility pole or within any public right-of-way (street or sidewalk) or on any traffic sign or water hydrant or upon property owned by the city, except as hereafter provided.

B. It shall be lawful for any persons conducting a permitted yard sale to place signs on the signboards owned by the city located at Pioneer Park, the regional library, the RV dump site, and near the office of the parks and recreation department. All signs must be on paper tacked or taped to the signboard. They must state the address and the dates of the sale, and must be removed within 12 hours after the last date of the sale. Such signs on the city signboards shall be no larger than eight and one-half inches by 11 inches. Duplicate signs on the same signboard are not permitted. City personnel are authorized and directed to remove and destroy any such sign that remains posted longer than the allowed period. A summary of this section shall be posted on each signboard. (Ord. 2010-14, 2010; Ord. 2008-23, 2008; Ord. 2004-5 § 1, 2004).

5.50.023 Permit required.

No yard sale may be conducted without a valid permit previously issued by the city. No permit may be issued except after written application has been submitted to the city, which shall include the true name of the applicant and the date(s) and proposed location of the sale. Yard sale and garage sale permit fees for the application or the permit shall be established by resolution of the city council, as amended from time to time. All permits shall be issued in writing on a form that includes, in English and in Spanish, a notice that signs advertising the sale shall not be attached to any utility pole or placed within any public right-of-way (street or sidewalk), or on any traffic sign or water hydrant, and that all such signs must be removed within 12 hours after the last day of the permitted sale. The permit shall also give notice of the maximum penalty for each violation of the yard sale ordinances set forth in this chapter. A copy of this chapter shall be attached to each permit. Said permit must be conspicuously displayed at the sale site at all times during the sale. The permit shall not be required for residents to participate in the City-Wide Yard Sale held the third Saturday of April each year. (Ord. 2017-01 § 1, 2017; Ord. 2015-03 § 1, 2015; Ord. 2010-14, 2010).

5.50.025 Restrictions on quantity and duration of yard sales.

No person shall operate, conduct, manage or permit a yard sale upon his/her premises or other property under his/her control more than three times per calendar year. No such sale shall last more than three successive days, and no such sale shall commence sooner than 8:00 a.m. or terminate later than 8:00 p.m. each day of the sale. The annual City-Wide Yard Sale held the third Saturday of April shall not count against the quantity of yard sales each person is allowed each calendar year. (Ord. 2017-02 § 1, 2017; Ord. 2015-03 § 2, 2015; Ord. 2010-14, 2010; Ord. 2009-2, 2009).

5.50.030 Violation – Penalty.

Failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as an infraction and may not be classified as a criminal offense. Any person, firm or corporation found to have committed an infraction under this chapter shall be assessed a monetary penalty. No penalty assessed for infractions under this chapter may exceed $500.00 for each separate infraction. (Ord. 2010-14, 2010; Ord. 2004-5 § 1, 2004).

5.50.035 Chapter supersedes conflicting provisions.

The requirements and provisions of this chapter shall supersede and prevail over the conflicting provisions in TMC 15.10.060, 15.10.065, and 15.10.090 and any other requirements and provisions of the Toppenish Municipal Code that are in direct conflict with the specific requirements and provisions of this chapter. (Ord. 2010-14, 2010).