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 in-tended to prevent the expansion of such noncommercial operations
into truly commercial operations and to regulate the methods 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 fees.
(Ord. 626 § 1, 1984)
"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 fundraising event for civic or charitable purposes. Such garage
sales shall not extend beyond a period of five 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. 626 § 1, 1984)
A. Any
resident or group of residents, organization or club of the City may
conduct a garage sale, as defined in this chapter; provided, however,
that a license shall first have been obtained from the City.
B. The
application for license shall request the following information:
1. The
name and address of the person or persons wishing to hold the garage
sale;
2. 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;
3. A
general description of the property offered for sale;
4. The
dates and time period when the sale shall be conducted; and
5. 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.
C. 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 five 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 Administrative Services Director or by
telephoning the Administrative Services Director, 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 Administrative
Services Director.
(Ord. 626 § 1, 1984; Ord. 2003-998 § 16; Ord. 2012-1133 § 22)
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. 626 § 1, 1984)
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. Such sign shall be of a temporary
nature, 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. 626 § 1, 1984)