HomeMy WebLinkAbout01 GARAGE SALES 08-16-99ATE'
AUGUST 16, 1999
NO. 1
8-16-99
i n t e r- C o m
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
ORDINANCE NO. 1220- AMENDING PROVISIONS FOR REGULATION OF
GAP~.GESALE-~ ,
Summary: The Community Development Department is recotnmending amendments to
Tustin City Code Section 3640 pertainhtg to regulations for garage sales. The amendment will
limit the number of garage sales to two (2) per property per year, specify the personal property
that may be sold at garage sales altd stipulate when garage sale direction $igtts may be posted
and removed.
RECOMMENDATION
That the City Council:
· Conduct a public.hearing; and
· Introduce and have first reading of Ordinance No. 1220 and set for second reading
at the Council's September 7, 1999 meeting.
FISCAL IMPACT
This is a City initiated project. The Community Development Department Code
Enforcement staff will handle enforcement of this amendment. The estimated present
enforcement cost for removal of illegally posted garage sale signs, responding to
complaints of frequent sales activities and monitoring of weekend garages sales is
$5,800 annually.
BACKGROUND AND DISCUSSION
Tustin City Code Sections 3640-3644, which identify specific regulations for conducting
garage sales, was adopted in 1977. Garage sales are commonly allowed in
communities with and without special permits. The City of Tustin does not require a
resident to obtain a Garage Sale permit and the current code permits four (4) garage
sales per property per year.
During the past several years the City of Tustin has received complaints from residents
and has been experiencing enforcement problems related to garage sale activities.
These problems include:
City Council Report
Ordinance No. 1220 Garage Sales
August 16, 1999
Page 2
· Regular (monthly or bi-weekly) sales from the same properties
· Garage sale directional signs posted on trees and utility poles
· Garage sale signs not removed following the activity causing litter and
causing the City to incur enforcement costs to remove and destroy up to sixty
(60) signs each weekend
· Many garage sale signs block vehicular visibility and traffic signs
· Retail sales of new merchandise specifically brought to the property for'
resale.
· Frequent, unregulated garage sales negatively affect neighbors and
neighborhoods, causing increased traffic, early morning noise and activity
beyond the typical residential use of property.
The Community Development Department conducted a telephone survey of Orange
County cities and received responses from nineteen (19) agencies. The survey results
found that seven'(7) cities allow two garage sales a year, four (4) cities allow garage
sales three times a year, three (3) cities allow four garage sales a year and five (5) cities
have no regulations or limits on the number of garage sales.
PROPOSED MODIFICATIONS
To address the associated problems with garage sales in the City, Code Amendment
No. 1220 proposes to:
· Reduce the number of allowed garage sales from four (4) per year to two (2)
per year;
· Establish the duration of each sale as three (3) consecutive days;
· Clarify that items offered for sale must have been accumulated for personal
use of the person(s) conducting the sale;
· Prohibit the sale of craft items and new merchandise purchased specifically
for resale; and
· Limit the posting of garage sale directional signs to one (1) day in advance of
the activity and removal by sunset on the last day of the sale.
Tustin residents will continue to be allowed to conduct garage sales without obtaining a
permit. The City's Code Enforcement staff will continue to monitor garage sale activities
on weekends for compliance with the new 'code and remove illegally posted directional
signs. Signs posted in a location in violation of the Sign Code or not removed by sunset
following the sale will be confiscated and the City shall have the right to recover the full
costs of removal and disposal of said sign.
The City Attorney has reviewed and approved the proposed ordinance as to content
and form.
Elizabeth A. Binsack
Community Development Director
Rita ~Vestfield '~
Assistant Community Development Director
ORDINANCE NO. 1220
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA AMENDING THE
REGULATIONS FOR GARAGE SALES
The City Council of the City of Tustin does ordain as follows:
Section 1. Part 4 of Chapter 6 of Article 3 of the Tustin City Code is
amended to read as follows:
PART 4 GARAGE SALES
3640 DEFINITIONS
A garage sale is defined as a garage, yard, lawn, patio or similar type sale held
anywhere on the premises i~ Of any residential ~eRe ~6P,eAy for the purpose of
disposing of personal Property owned by the person or persons conducting the
sale.
3641 PROPERTY PERMITTED TO BE SOLD
It shall be unlawful for any person to sell or offer for sale any property other than
personal property accumulated for personal use by the person or persons
conducting the garage sale. The:sale: ma~ 'bY th~
new
'b~ :~~Cted
!C prepe
3642 FREQUENCY AND DURATION OF SALE
It "~'"~ ~' .... I-,,,.~,,~ ¢ ..... ' person ,., ,-., ,. ,4 , , .., cc, u .... ~.
may be conducted ~ +~' ...... ,4,4 .....
Of 6 ( m
--,, ~-~ --~-~-- "~-' a same
address~ , nor may any on0 A single garage sale may extend b:yond ~/o ~
maxim'~ 0f thf~ 3 oonseoutive w:okond: Gi~~permit~br fees are
........ y
reqUired for garage Sales.
3643 ADVERTISING SIGNS
Any form of sig~s advertisemcnting..~ a
accord an co ;;'ith "0~ require citY permit? bQt S~!:!. ;;~i~PlYWith::~S~Cti~,
the ~;+" ~ Tustin n Code., ........ ~,,
S~i~ ~i~"s S~l! 5e daYof
n S:
aS
required by this secti°n shall be subject to abatement in accordance with
Sections 9405g or 9405h of the Tustin City Code.
3644 INSPECTION
All personal property offered for sale shall be available for inspection by any
representative of the City of Tustin at the place where the sale is to be Conducted.
Section 2.
If any section, Subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such deciSion shall not affect the validity of the
remaining portions of this ordinance. The CitY Council of the City of Tustin hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the
City of Tustin on this sixteenth day of August, 1999.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER, City Clerk