Adopted

Effective

January 10

2011 2011
ORDINANCE NO MC

February

10

1344

AN ORDINANCE

MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALIFORNIA AMENDING CHAPTER 8 14 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING YARD SALES

OF THE

THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS Section 1
as

Chapter 8 14 of the San Bernardino Municipal Code is amended

to read

follows

Chapter
8 9

8 14

YARD SALES 8 14 010 8 14 020 8 14 030 8

Definitions

10

11

8 8 8

12

Frequency Duration Hours and Permissible Dates Display of Personal Property 14 040 Signs 14 050 Estate Sale Exemption 14 060 Non Profit Organization Exemption 14 070 Violation Penalty

13

14

8 14 010 A

Definitions
means

15

Department

the

Community Development Department

of the

16

San Bernardino
B

City of

17

18

19

20

Liquidation is a type of Yard Sale or auction to dispose portion of the materials owned by a person who is recently deceased or who must dispose of his or her personal property to facilitate a move necessitated by the relocation of the owner due to advanced age or disability and which sale is conducted by a person or entity that has legal authority to make such sale
of
a

Estate Sale

or Estate substantial

21

Personal
an course

Property
or

means

property which
a

is owned

utilized
It

or

maintained

22

individual
of

members of
in
or

by

residence
a was

or

family

and

acquired

in the normal
new on

living
or

maintaining

residence

does not include

or

23

merchandise

merchandise which

purchased

for resale

obtained

24

consignment
D

25

Seller 1
2 3

means

any of the following

26

27

The person authorized by the premises owner to sell the personal property at the Yard Sale The tenant of the premises where the Yard Sale is conducted The
owner

28

of the

premises where the Yard Sale is conducted

KC

1344

E
2

Yard Sale term called

means

conducted from

or on a

Yard Sale

personal property open to the public in any residential or commercial zone The premise includes but is not limited to all sales entitled advertised or
lawn sale flea market

the offer of sale of

garage sale

yard
or

sale

porch
sale

sale

patio

sale

estate

sale
F

moving

sale

rummage

As used in this

chapter the term Residential Zone includes any residentially zoned property as defined by the City s zoning ordinances or property used for residential purposes as permitted by the City s Development Code or premises zoned for another use providing the actual and principal current use of such premises is for residential purposes The definition includes both single family and multiple family residential zones Frequency Duration Hours
and Permissible Dates

8 14 020
10

A
11

12

13

imposed by paragraphs Band C of this section no Yard Sale shall be conducted by any Seller or at any location more frequently than twelve 12 times in any calendar year For purposes of this section calendar year means the twelve 12 month period from January December inclusive through
Yard Sales may be conducted up to
a

Subject

to the additional limitations

14

maximum

period of three

consecutive

15

days
C D

16

Yard Sales may be conducted Yard Sales shall

only during daylight hours

on

17

only be conducted

the third weekend of each month weekend

means

For and

18

purposes of this subsection the term

Friday Saturday

Sunday
19

8 14 030
20

Display of Personal Property

Personal

21

22

23

Personal Property may be sold at any yard sale Property displayed in the public right of way and all Personal Property shall be arranged so that fire safety service and other officials may have access for inspection at all times during the sale Personal Property may only be displayed on the days of and between the hours of Yard Sales as provided in this chapter

No items other than

may not be

24

8 14 040

Signs

25

A Three
26 area

27

unlighted signs shall be permitted not exceeding four 4 square feet in advertising such Yard Sale Such signs shall be displayed only during the period of the Yard Sale The signs shall be permitted only on the property where such Yard Sale is located Such signs may be posted twenty four 24

28

MC

1344

hours

prior

to the Yard Sale and must be removed

immediately following

the

Yard Sale
2

signs not larger than two 2 square feet may be placed on private property provided the person conducting the Yard Sale has obtained the prior consent from the owner or occupant of the premises where the directional sign is placed There shall be no more than four such directional signs erected for any Yard Sale permitted pursuant to this chapter Any signage allowed by this section is prohibited
Estate Sale
on

Directional

C
7

the

public rights of way

8 14 50
8

Exemption
or

The child

survivor

heir of the

owner

legal authority
10

over

the Personal

Property

of Personal Property or a person with of another who is the Seller at an Estate

11

Sale of such Personal Property and who attests that the Estate Sale is necessitated by the relocation of the owner due to advanced age or disability or is necessitated by the death of the owner shall not be subject to the limitations of section 8 14 020 A

12

and

regarding the permissible dates

on

13

The person s conducting such an Estate Sale shall be required to obtain shall be subject to all other regulations established herein

which such Yard Sale may be conducted a permit and

14

8 14 060
Non

Non Profit

Organization Exemption

15

16

17

profit organizations shall not be subject to the limitations of section and D regarding the permissible dates on which such Yard Sale may be that the sale is conducted on property owned or leased conducted provided by said non profit organization
8 14 020 A 8 14 070 Violation

18

Penalty
or causes an

19

A
20

Any

person who violates shall be deemed guilty of

violation of any
or

provision of this Chapter

thereof is
21

punishable

misdemeanor which upon conviction in accordance with the provisions of Section 1 12 010 of

infraction

this Code B A

22

23

24

chapter may be enforced or punished in any manner prescribed by through any other process or procedure established or allowed by this code or applicable law
law
or

violation

of this

25

1 1

26

27

28

MC

1344

In the event that any provision of this Ordinance or any part thereof or any application thereof to any person or circumstance is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent

Section 2

jurisdiction on its face or as applied such holding shall not affect the validity of the remaining provisions of this Ordinance or any part thereof or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional invalid or ineffective provision not been included herein
1

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

MC

1344

AN

ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF BERNARDINO

CALIFORNIA

SAN
2

AMENDING

CHAPTER

8 14 OF

THE

SAN

BERNARDINO MUNICIPAL CODE REGARDING YARD SALES

foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting 2011 by the following vote to wit thereof held on the 10th day of January
I HEREBY CERTIFY that the

COUNCIL MEMBERS MARQUEZ DESJARDINS

BRINKER

AYES

NAYS

ABSTAIN

ABSENT

10

SHORETT
11

KELLEY
12

13

JOHNSON MCCAMMACK

14

15

16

aeU i

17

h
The

Jtya

18

foregoing Ordinance

is

hereby approved this

jjday

of

January

2011

19

20

21

22

Approved

as

to form

23

JAMES F PENMAN

24

City Attorney

25

26

27

28