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35 ORDINANCE NO. 35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR CONDUCTING A GARAGE SALE. WHEREAS, the City Council has determined that garage sales are desirable to allow private individuals and households to have a means of disposing of property as they may desire; and WHEREAS, the City Council desires to provide a means of controlling said garage sales to protect the community, the merchants, and to control the proliferation of said garage sales; NOW, THEREFORE, the City Council of the City of Grand Terrace DOES ORDAIN AS FOLLOWS: Section 1 . Definition - For the purposes of this Ordinance, "garage sale" means the sale of personal property in, at, or upon any residentially zoned or residentially occupied property. Garage sales shall include, but not be limited to, any yard sale, home sale, patio sale, or any other sale similarly conducted on any residentially zoned or residentially occupied property. Section 2. Sales Prohibited - It is unlawful for any person to sell or participate in the sale of personal property to the general public by means of a garage sale on any residentially zoned or residentially occupied property except as permitted by this Ordinance. Section 3. Exemption - The provisions of this Ordinance shall not apply to any charitable or religious organization for occasional sales when the proceeds from such sales are used solely for charitable or religious purposes, nor shall this Ordinance apply to sales conducted pursuant to process or order of any court of competent jurisdiction. Section 4. Garage Sale Exempted - No business license fee provided for in Ordinance No. 15 shall be required for any garage sale lawfully conducted in accordance with the provisions of this Ordinance. Section 5. Sales Limited/Frequency and Time - Not more than two garage sales may be conducted by any person or upon a lot or parcel of land during any period of twelve consecutive months. Such garage sale shall not be conducted for longer than three consecutive days. Said sale shall not be conducted between the hours of eight p.m. of any one day and eight a.m. of the following day. Section 6. Display - All personal property to be sold 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. Section 7. Signs - No signs advertising garage sales may be posted, erected or maintained on other than the premises on which such sale is to be held. Not more than two signs advertising a garage sale may be posted, erected or maintained on the premises on which such sale is to be held, and that said signs be unlighted; provided, however, that no sign may be placed or maintained on the public right-of-way or fixed to a tree, a fence, or a utility pole. No sign posted, erected or maintained as provided for by this section shall exceed four square feet in area. No such sign shall be maintained for a period of more than five days immediately preceding the lawful commencement of such garage sale. Each such sign shall be removed at or before the close of the last day on which the garage sale may lawfully be conducted pursuant to this Ordinance. -2- Section 8. Penalty - Any person, firm, association or corporation violating any of the provisions of this Ordinance shall be deemed guilty of an infraction and upon conviction thereof, shall be punished by a fine as established in an adopted resolution. Section 9. Permits - Permits to conduct a garage sale shall be posted openly for inspection and may be obtained at the City Hall Finance Office. The fee for a permit to conduct garage sales shall be established by an adopted resolution. Section 10. Posting - The City Clerk shall cause this Ordinance to be posted within fifteen (15) days after its adoption in three (3) public places designated for such purpose by the City Council . Section 11 . First read at a regular meeting of the City Council of said City held on the 17th day of July, 1980, and finally adopted and ordered posted at a regular meeting of said City Council on the 7th day of August 1980. Mayor of thk* y--Council errace and of the thereof. ATTEST: i City C T of the City of Grand Terrace and of City Council thereof. Approved as to form: i City Attorney -3- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 7th day of August , 1980, and that it was so adopted by the following vote: AYES: Councilmen Grant, Rigley, Petta, Nix; Mayor Tillinghast. NOES: None ABSENT: None r City C1 of the City of Gran Terracevand of the City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Ordinance No. 35 of said City Council , and that the same has not been amended or repealed. DATED: August 7, 1980 City Cgrk of the C ty *Granl Terracr, and of the City Council thereof.