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Home My WebLink About3333 it ~ 1 ORDINANCE NO. ~ ~y_~y 2 ORDINANCE. OF THE CITY OF SAN BERNARDINO REGULATING THE SALE OF PERSONAL PROPERTY TO THE GF,NERAL PUBLIC FROM RESIDENTIAL 3 PREMISES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY. OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION ONE. Residential Sales Prohibited. It shall be 7 unlawful for any person to sell or participate in the sale of 8 personal property to the general public by means of a "garage" 9 sale, "patio" sale, or other sale similarly conducted on any 10 residentially zoned premises, except as permitted in this 11 ordinance or authorized by the land use zoning ordinance or other 12 law. 13 SECTION TWO. Application and Permit. Any person 14 intending to conduct a "garage" sale, "patio" sale or similar 15 sale of personal property to the general public on residentially 16 zoned premises or from a residence or residential garage shall 17 concurrently with the payment of a three dollar ($3.00) fee 18 file an application with. the City Clerk for a permit not less 19 than five (5) nor more than fifteen (15) days prior to the. date 20 of such sale and shall declare therein that all the personal 21 property to be sold Was owned, utilized and maintained by such 22 person or members of his family for the preceding six (6) 23 months. on or in connection with the residential premises which 24 they occupy and has not been acquired or consigned to him for 25 purposes of resale. The applicant shall state the date, place 26 and hours of the proposed sale and the name of each person who 27 will be conducting or participating in such sale. The permit 28 shall be issued by the City Clerk for a period not to exceed 29 three (3) days upon payment of the fee, provided that the. permit 30 may be revoked by the City Clerk after notice and an opportunity 31 to be heard is offered the applicant in the .event any false 32 information or representation is contained in the application 1 I I 1 or there is a violation of any provision of this ordinance. 2 SECTION THREE. Time and'Place of Sale. Only one such 3 sale may be conducted in any six (6) month period and shall be 4 limited to not more than three (3) consecutive days. Said sale 5 shall not be conducted between the. hours of 8:00 p.m. of any 6 day and 8:00 a.m. of the following day. A permit shall not be 7 issued for more than one address or location. 8 SECTION FOUR. Display. Personal property offered for 9 sale shall not be displayed or stored in the front or side yards 10 of any such premises or adjoining public streets or rights-of- 11 way, provided that a vehicle offered for sale may be displayed 12 on a permanently constructed driveway within such front or side 13 yards. 14 SECTION FIVE. Sign. One unlighted sign shall be 15 permitted not exceeding four (4) square feet in area advertising 16 such sale. Such .sign shall be displayed only during the. period 17 of such sale. 18 SECTION SIX. Owned Personal Property. All personal 19 property sold at said sale shall have been owned, utilized and 20 maintained for at least six months prior to the sale by the 21 applicant or members of his family on or in connection with the 22 residential premises which they occupy and shall not have been 23 acquired or consigned by him for the purposes of resale. 24 SECTION SEVEN. Exemptions. The provisions of this 25 ordinance shall not apply and a permit hereunder shall not be 26 required to be issued to any charitable or religious organization 27 for occasional sales when the proceeds from such .sales are used 28 solely for charitable or religious purposes, nor shall this 2g ordinance apply to sales conducted pursuant to process or order 30 of any court of competent jurisdiction. 31 SECTION EIGHT. Penalty. Any person, firm or corporation 32 violating any of the provisions of this ordinance shall be 2 u II' I li deemed guilty of a misdemeanor and upon conviction thereof shall I 2~ be punished by a fine not exceeding $500.00 or by imprisonment ~ 3 for a term not exceeding six months, or by both such fine and imprisonment. 5I SECTION NINE. Validity. If any section, subsection, 6 sentence, clause or phrase of this ordinance is for any reason 7 held to be invalid or unconstitutional by the decision of any 8 court of competent jurisdiction, such decision shall not affect 9 the validity of the remaining portions of this ordinance. The 10 Common Council hereby declares that it would have passed this 11 ordinance and each .section, subsection, sentence, clause and 12 phrase hereof, irrespective of the fact that any one or more 13 of the sections, subsections, sentences, clauses or phrases 14 hereof be declared invalid or unconstitutional. 15 I HEREBY CERTIFY that the foregoing ordinance was duly 16 adopted by the Mayor and Commo/n Cou/ncil of the City of San ~ 17 Bernardino at a„q~~~ /T,xri L ' ;~fneeting thereof , held on the 18 ~~day of i1 1973, by the. following vote, to r_ 19 Wlt: I / 20 AYES: Counc~.lmen / E ~I-~~:'~.+~[,~~i~llo///~-ms's( / ~r_~'!~L__~ ~ -,-~---r ~ ~ /A T•~- ~I~ !.~n / / 22 NAYS : ~3.°~=~~ ~,~~/~a~i' 7~ ~ fz./~f.L-ti/ ~,i3~i~'Z~f'1 «"~y'.±~ / / 23 ABSENT: 24 a 25 ~ ~ C Y r I~ ~ ~,c_/ / . I 26 The foregoing ordinance is ~re approved this day 27 of ~ / 1973. 28 I ~ 29 ..ter- Ma r e City o San Bernardino 30 Approved as to form: ~ ~ ~ ~ 32 City A torney ~P) LUCRE GOFOkTH. 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