HomeMy WebLinkAboutOrd. No. 2014-1321ORDINANCE NO. 2014 -1321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA AMENDING CHAPTER
5.112 OF THE LAKE ELSINORE MUNICIPAL CODE
ADOPTING REVISIONS TO PROCEDURES AND
REGULATIONS FOR YARD, GARAGE, AND HOUSE
SALES
WHEREAS, on October 15, 2013 the City Council directed staff to pursue drafting
an ordinance amending certain sections of Lake Elsinore Municipal Code (LEMC) Section
5.112 pertaining to regulations for yard, garage, and house sales; and
WHEREAS, staff reviewed existing LEMC sections, reviewed a survey of 27 cities,
and discussed regulations with staff who issue yard sale permits; and
WHEREAS, the City Council conducted a duly noticed hearing and considered all
oral and written communication.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 5.112 of the Lake Elsinore Municipal Code is hereby
amended and restated in its entirety pursuant to the attached Exhibit "A ".
SECTION 2. The City Council of the City of Lake Elsinore hereby expressly finds
that amendment to yard, garage, and house sales regulations of the City of Lake Elsinore
adopted by this ordinance will protect the public health, safety and welfare.
SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
SECTION 4. This ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law, or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days
prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the
City Clerk shall cause to be published, and aforementioned summary and shall post a
certified copy of this Ordinance, together with the vote for an against the same, in the
Office of the City Clerk.
Ordinance No. 2014 -1321
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PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 14 day of January, 2014, and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the 28 day of January, 2014.
IT
City Clerk
APPROVED AS TO FORM:
104"(n7
Barbara Z. Lei Id, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2013 -1321 was introduced at the regular City Council
meeting of January 14, 2014, and adopted at the regular meeting of January 28,
2014, by the following roll call vote:
AYES: Mayor Pro Tern Manos, Council Member Tisdale, Council Member
Magee and Mayor Johnson
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
V' 'nia J oom, City Clerk
"EXHIBIT A"
Chapter 5.112
YARD, GARAGE, AND HOUSE SALES
Sections:
5.112.010
"Yard sale" defined.
5.112.020
Exemptions.
5.112.030
Frequency and time.
5.112.040
Display.
5.112.050
Signs.
5.112.060
Permit — Required.
5.112.070
Permit — Denial — Revocation
5.112.010 "Yard Sale" defined.
"Yard sale, including patio, house or garage sales, shall mean the sale of personal
property in, at, or upon any residentially zoned property by the occupant(s) and is limited
to the sale of common household goods such as clothing, interior furnishings, small
appliances, toys and other similar items.
5.112.020 Exemptions.
The provisions of this chapter shall not apply to the following:
1. Sales conducted pursuant to process or order of any court of competent
jurisdiction.
2. Charitable, religious, and civic organizations when the proceeds from the sale for
the institutions or organization's charitable purposes, and goods or articles are not
sold on a consignment basis.
3. Any sale conducted by any merchant or mercantile or other business
establishment from a place of business wherein such sale would be permitted by
the zoning regulations of the City.
4. No more than three specific items are offered to sale or free taking.
5.112.030 Frequency and time.
An individual seller, household, home address group, or family shall be permitted
no more than three yard sales per calendar year. The length of time per yard sale shall
not exceed three consecutive days and shall be held at least three months apart. Sales
shall be conducted only between the hours of 7:00 a.m. to 7:00 p.m. The Community
Development Director may approve an additional yard sale permit for due cause to
include:
1. Written proof of a bona fide change of ownership in the real property.
2. Estate sale of previous owner.
3. Foreclosure of property.
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4. Other proposal in writing determined to merit an additional yard sale due to specific
circumstances.
5.112.040 Display.
All merchandise offered for sale shall be arranged so that fire, police, health and
other officials may have access for inspection at all times during the sale. Personal
property offered for sale shall not be displayed or stored on adjoining public sidewalks or
streets or rights -of -way.
5.112.050 Signs.
Two signs with an area not greater than four square feet in area may be posted on
the property where the yard sale occurs, during the hours of the sale only. The sign must
be removed at the conclusion of the sale. No other signs are permitted including signs
on public property.
5.112.060 Permit — Required
It shall be unlawful to conduct a yard sale, as defined in this chapter, without a City
yard sale permit. Upon application, the City may issue a nontransferable permit for the
specified location. A permit shall be final and shall not be extended or transferred due to
inclement weather or any other reason.
5.112.070 Permit — Denial — Revocation - Violation.
Any permit issued pursuant to this chapter may be revoked or any application for
issuance of a permit may be refused if the application for the permit contains any false,
misleading or fraudulent statement. Any individual violating the provisions of this chapter
shall suffer cancellation of any existing permit. Violation of this section shall be an
infraction and subject to administrative citations in addition to permit revocation.
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