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6258ORDINANCE NO. 6258 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 6.26 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GARAGE SALES. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Chapter 6.26 be, and the same is hereby added, to Title 6 of the Anaheim Municipal Code to read as follows: Sections: "Chapter 6.26 GARAGE SALES 6.26.010 Definitions. 6.26.020 Unauthorized Garage Sales Prohibited. 6.26.030 Garage Sale Regulations. 6.26.040 Exemption. 6.26.050 Violation — Infraction. 6.26.010 DEFINITION OF GARAGE SALE. .010 "Garage Sale." As used in this chapter, "garage sale" shall mean the sale or trade, or offering for sale or trade, of unwanted or surplus goods, wares, merchandise or personal property of a household nature to the general public held (i) on the premises of a private single-family or multiple family residence by the owner, owners, tenants or occupants thereof, or (ii) on the legally established premises of a charitable or religious organization, as described in paragraphs (3), (10) and (19) of Section 501(c) of Title 26 of the Internal Revenue Code, by the charitable or religious organization. The term "garage sale" shall include, but not be limited to, any patio sales, rummage sales, yard sales, lawn sales, moving sales, estate sales, or other sales similarly conducted at or upon any property zoned for or occupied by a residential use or on the legally established premises of a charitable or religious organization. .020 "Person." The term "person" shall include a natural person, firm, partnership, association or corporation. -1- .030 "Weekend." The term "weekend" shall mean Saturday and Sunday. 6.26.020 UNAUTHORIZED GARAGE SALES PROHIBITED. No person, shall operate, conduct, manage, or allow, or permit to be conducted, a garage sale except as permitted by this chapter. 6.26.030 GARAGE SALE REGULATIONS. Unless otherwise permitted by the Community Preservation Manager of the City of Anaheim, garage sales may only be conducted on the first full weekend of the months of March, June, September and December, subject to the following regulations: .010 Garage sales shall be conducted only during daylight hours and shall be limited to the hours of 7:00 a.m. and 7:00 p.m. .020 Garage sales conducted on the legally established premises of a charitable or religious organization premises shall be conducted only within parking lots, garages, carports, front yards, backyards, driveways, patios and/or walkways located on the premises where the garage sale is conducted. .030 Garage sales conducted on the premises of a private single-family or multiple family residence shall be conducted only within garages, carports, front yards, backyards, driveways, patios and/or walkways located on the premises where the garage sale is conducted. Property displayed or offered for sale or trade shall be limited to used goods, wares, merchandise or personal property of a household nature owned by the owner or occupant of the premises upon which the garage sale is conducted. New or used property acquired or consigned solely for the purpose of resale shall not be displayed or offered for sale or trade. .040 Property offered for sale or trade shall not be displayed on or from the exterior of any fence or wall that physically separates the premises where the garage sale is conducted from any neighboring property, public sidewalk, parkway, street, alley or public property. .050 Personal property offered or available for sale or trade and personal property utilized in conjunction with a garage sale shall be kept on the premises where the garage sale is conducted, shall not encroach into neighboring properties, and may not be displayed, stored or offered for sale or trade in or upon any public sidewalk, parkway, street, alley or public property. 060 Food or beverages shall not be offered for sale or trade. .070 Signs advertising a garage sale shall be placed only on the property where the garage sale is being held and shall not be erected earlier than one (1) hour before the commencement of the garage sale. No sign advertising a garage sale may be placed within a public right-of-way or be affixed to any telephone pole, street light, traffic sign or traffic control device, any other structure located within a public right-of-way, or on any other public property. No flag or any other device intended to attract attention to the garage sale shall be displayed. -2- .080 No more than one (1) sign, not to exceed three (3) square feet in area, may be placed in the front yard of the premises where the garage sale is conducted. However, if the garage sale is to be conducted on a corner lot, one (1) additional sign, not to exceed three (3) square feet in area, may be displayed in the street side yard. No sign or other form of advertisement for a garage sale shall be placed or posted on any vehicle. .090 All personal property, goods, materials and signs associated with the garage sale shall be removed within one (1) hour of the end of the garage sale. .100 A tenant(s) or non -owner occupant(s) of the premises of a private single-family or multiple family residence at which a garage sale is conducted shall obtain and have available at all times during the garage sale the written permission of the owner of said premises to conduct the garage sale. 6.26.040 EXEMPTION. The provisions of this chapter shall not apply to persons selling personal property or goods pursuant to process or order of a proper court of competent jurisdiction. 6.26.050 VIOLATION — INFRACTION. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of an infraction, punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation within one year; and (3) a fine not exceeding five hundred dollars ($500) for each additional violation of this chapter within one year. A fourth violation within one year shall constitute a misdemeanor. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. -3- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 13th day of November , 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 20th day of November , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None ATTEST: "a�d� CITY CLERK OF THE CITY OF ANAHEIM 86201.9/TReynolds CITY OF ANAHEIM By: MA OR OF THE CITY OF ANAHEIM -4- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6258 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of November, 2012, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of November, 2012, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November, 2012. pl"V�6��o CITY CLERK OF THE CITY OF ANAHEIM (SEAL) ORDINANCE NO.6258 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 6.26 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GARAGE SALE$. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS A'Z,-CL.L0WS( SECTION 1. a That new Chapter 6.26 be, and the same is hereby added, to Title 6 of the Anaheim Municipal Code to read as follows: "Chapter 6,26 GARAGE SALES Sections: 6.26.010 Definitions. 6.26.02OUnauthorized Garage Sales Prohibited. 6.26.030 Garage Sale Regulations. 6.26.040 Exemption. 6.26.050 Violation - Infraction. 6.26.010 DEFINITION OF GARAGE SALE. 010"Garage Sale." As used in this chapter, "garage sale" shall mean the sale or trade, or offering for sale or trade, of unwanted or surplus goods, wares, merchandise or personal property of a household nature to the general public heldfi) on the premises of a private single-family or multiple family residence by the owner, owners, tenants or occupants thereof, or (ii) on the IegalN established premises of a charitable or religious organization, as de- scribed in paragraphs (3), (10) and (19) of Section 501(c) of Title 26 of the Interna(( Revenue Code, by the charitable or religious organization. The term aarage sale" shall include, but not be limited to, any patio sales, rummage sales, yard sales, lawn sales, moving sales, estate sales, or other sales simi- lrly conducted at or upon any property zoned for or occupied by a residential use or on the legally established premises of a charitable or religious or- ganization. .020 "Person." The term "person" shall include a natural person, firm, partnership, association or corporation. .030 "Weekend." The term "weekend" shall mean Saturday and Sunday. 6.26.020 UNAUTHORIZED GARAGE SALES PROHIBITED. No person, shall operate, conduct, manage, or allow, or permit to be conducted, a garage sale except as permitted by this chapter. 6.26.030GARAGE SALE REGULATIONS. Unless otherwise permitted by the Community Preservation Manager of the City of Anaheim, garage sales may only be conducted on the first full week- end of the months of March, June, September and December, subject to the following regulations: .010 Garage sales shall be conducted only during daylight hours and shall be limited to the hours of 7:00 a.m. and 7:00 p.m. .020 Garage sales conducted on the legally established premises of a charitable or religious organization premises shall be conducted only within park- ing lots, garages, carports, front yards, backyards, driveways, patios and/or walkways located on the premises where the garage sale is conducted. 030 Garage sales conducted on the premises of a private single-family or multiple family residence shall be conducted only within garages, carports, front yards, backyards, driveways, patios and/or walkways located on the premises where the garage sale is conducted. Properly displayed or offered for sale or trade shall be limited to used goods, wares, merchandise or personal property of a household nature owned by the owner or occupant of the premises upon which the garage sale is conducted. New or used property acquired or consigned solely for the purpose of resale shall not be displayed or offered for sale or trade. .040 Property offered for sale or trade shall not be displayed on or from the exterior of any fence or wall that physically separates the premises where the garage sale is conducted from any neighboring property, public sidewalk, parkway, street, alley or public property. ,050 Personal property offered or available for sale or trade and personal property utilized in conjunction with a garage sale shall be kept on the prem- ises where the garage sale is conducted, shall not encroach into neighboring properties, and may not be displayed, stored or offered for sale or trade in or upon any public sidewalk, parkway, street, alley or public property. .060 Food or beverages shall not be offered for sale or trade. 070 Signs advertising a garage sale shall be placed only on the property where the garage sale Is being held and shall not be erected earlier than one (1) hour before the commencement of the garage sale. No sign advertising a garage sale may be placed within a public right-of-way or be affixed to any telephone pole, street light, traffic sign or traffic control device, any other structure located within a public right-of-way, or on any other public property. No flag or any other device intended to attract attention to the garage sale shall be displayed. .080 No more than one (1) sign, not to exceed three (3) square feet in area, may be placed in the front yard of the premises where the garage sale is conducted. However, if the garage sale is to be conducted on a corner lot, one (1) additional sign, not to exceed three (3) square feet in area, may be displayed in the street side yard. No sign or other form of advertisement for a garage sale shall be placed or posted on any vehicle. .090 All personal property, goods, materials and signs associated with the garage sale shall be removed within one (1) hour of the end of the garage sale. .100A tenant(s) or non -owner occupant(s) of the premises of a private single-family or multiple family residence at which a garage sale is conducted shall obtain and have available at all times during the garage sale the written permission of the owner of said premises to conduct the garage sale. 6.26.040 EXEMPTION. The provisions of this chapter shall not apply to persons selling personal property or goods pursuant to process or order of a proper court of compatentju risdiction. 6.26.050 VIOLATION - INFRACTION. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of an infraction, Punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation within one year; and (3) a fine not exceeding five hundred dollars ($500) for each additional violation of this chapter within one year. A fourth violation within one year shall constitute a misdemeanor. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordi- nances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopt- ed by the City relating to the same subject matter, shall be construed as restatements and continuations, and notes new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 13th day of November, 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 20th day of November, 2012,.by'dw following roll call vote: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray - None CITY OF ANAHEIM