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HomeMy WebLinkAboutAgenda Packet - April 16, 2007 ea. AZUSA AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA R. CARVALHO, CITY ATTORNEY DATE: APRIL 16, 2007 SUBJECT: PROPOSED ORDINANCE REGARDING GARAGE, YARD AND PATIO SALES RECOMMENDATION: It is recommended that City Council review and consider adoption of the proposed garage, yard and patio sales ordinance. BACKGROUND: At the City Council meeting on April 2, 2007 the Council discussed the provisions of a "garage sale" ordinance adopted by the City of Baldwin Park. The terms of that ordinance were briefly reviewed and the Council directed the City Attorney to prepare a similar ordinance for the Council's consideration. An ordinance for the Council's consideration is attached. ANALYSIS: The following table highlights comparisons of the City's existing garage sale ordinance and the proposed ordinance: Regulation Existing Ordinance Proposed Ordinance Permit Requirement Requires a permit and fee No permit required Number of Sales/Year Two sales per year Five, if Clean and Green weekend is included Length of Sale Permit allows three-day sales Sales from Saturday at 8:00am until S n y at 6:00pm. 7/1 c(46 1 4/401 ORANGE\SCARVALHO\35088.1S Advertising of Sale Limits signs and location of Limits signs and location of them them Estate sales Treats these sales as garage Offers two alternatives: sales requiring permits exempt them entirely or not Church/non-profit Treats these sales as garage Exempts them from regulations sales sales requiring permits The Council may discuss the differences between the ordinances and decide whether to do nothing further, amend the existing regulations, or adopt the new ordinance as is or with further changes. If minor amendments are made to the proposed ordinance the first reading can occur at the meeting. If major changes are proposed or if a different direction is taken then the item should be continued until the next meeting so staff and the City Attorney can make the necessary revisions. FISCAL IMPACT: There will be a loss of the annual revenue from garage sale permits. Estimated revenue for the current fiscal year is $ 7,700. There are anticipated savings from reallocating staff time which previously went toward administration and enforcement of permits. 2 ORANGE\SCARVALHO\35088.1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA RESTATING ARTICLE VIII OF CHAPTER 18 OF THE AZUSA MUNICIPAL CODE REGARDING GARAGE, YARD AND PATIO SALES THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Article VIII of Chapter 18 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: ARTICLE VIII. GARAGE, YARD AND PATIO SALES Sec. 18-531. Definition. "Garage, yard or patio sale means a sale of goods, wares or merchandise from residential property where the .ublic is invited onto such property to purchase such items; provided, however that a garage sale shall not include any sale of the personal belongings of a recently deceased resident of such property or rummage or charity sales sponsored by a non-profit organization on the organization's property. "M," "yard" or "patio sale" shall hereinafter be referred to as "garage sale." [THIS DEFINITION EXEMPTS ESTATE SALES SO THEY CAN BE HELD ON ANY DAY WITHOUT A PERMIT] "Garage, yard or patio sale means a sale of goods, wares or merchandise from residential propert where the public is invited onto such property to purchase such items and the definition of a garag- sale shall include any sale of the personal belongings of a recently deceased resident of such property even if the sale of goods, wares or merchandise is entirely from locations within the residential structure. "Garage," "yard" or "patio sale" shall hereinafter be referred to as "garage sale." [THIS DEFINITION INCLUDES ESTATE SALES SO THEY CAN ONLY BE HELD ON THE SAME DATES AS GARAGE SALES] Sec. 18-532. Garage Sale Regulations. No person shall conduct, or allow to be conducted, a garage sale on his or property whether such property is owner-occupied or leased in violation of the following regulations: (a) Garage I may only be conducted on the first weekend of the months of March, June, September, and December and that specific weekend declared by the City to be the Clean and Green weekend. For purposes of this section, WEEKEND means 8:00AM Saturday until 6:00PM Sunday. O RANGE\SCARV ALHO\35079.I (b) Garage MEM shall be limited to the hours of 8:00 a.m. to 6:00 p.m on the designated weekends. (c) Garage®may not be conducted in the public sidewalks, parkways, streets or alleys. (d) All items sold at garag must be used goods, wares, or merchandise of a household nature, from that household or its surrounding neighborhood, and not acquired elsewhere for resale. (e) Garage Egt advertising signs may not be posted on telephone poles, street lights, traffic signs, or any other structure in the public right-of-way. Such signs may not be posted anywhere earlier than two days prior to the day the sale is to commence, and shall be removed by 7:00 p.m. on the day the sale is terminated. No signs or devices shall be placed on any private property except, one double-faced sign not to exceed five square feet in area(24 inches by 30 inches) may be displayed at the site of the sale during the period of time the garage sale permit is in force. (f) All goods, products, and merchandise offered for sale at a garage sale shall be made available to inspection at the place where the sale is to be conducted by any representative of the Police Chief, and if requested by the representative, the person conducting the sale shall establish evidence of title to the goods,products and merchandise offered for sale. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Urgency Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Urgency Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 3: This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 4: The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 16th day of April, 2007. • Joseph Rocha Mayor Attest: 2 ORANGE\SCARY ALHO\35079.1 Vera Mendoza City Clerk Approved as to Form: Best Best &Krieger LLP City Attorney 3 ORANGE\SCARY ALHO\35079.1