HomeMy WebLinkAbout1864
ORDINANCE NO. 1864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING DIVISION 7 OF PART
3 OF CHAPTER 4, ARTICLE VI OF THE ARCADIA MUNICIPAL
CODE REGARDING PATIO, GARAGE AND/OR BACK YARD SALES
WHEREAS, the City of Arcadia places substantial emphasis on
the residential character of the City and seeks to avoid the
negati ve effect of acti vi ties that are inconsistent with
residential use; and
WHEREAS, so-called "garage sales" if properly limited and
controlled can be an incidental characteristic to residential
use; and
WHEREAS, the City of Arcadia desires to assure that garage
sales do not acquire the characteristics of a more commercial
type use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1.
That Division 7 Title,
Sections 6437.1 and
6337.2 of the Arcadia Municipal Code are hereby amended to read
as follows:
DIVISION 7
PATIO, GARAGE AND/OR BACK YARD
SALES - PERMIT AND CONDITIONS
6437.1.
COMMERCIAL USE OF RESIDENTIAL PROPERTY. Except as
otherwise expressly provided in the Arcadia Municipal Code, no
person shall conduct any commercial activity on residential
-1-
1864
property. Sales type activity with proper permits and in
complete compliance with the conditions of this Division is a
permitted use of residential property.
6437.2. PATIO, GARAGE AND/OR BACK YARD SALE PERMITTED;
CONDITIONS.
The sale of goods, wares or merchandise from a residential
property principally used as a residence (commonly known as a
patio, garage and/or back yard sale) is hereby permitted,
provided that the following conditions are complied with:
(a) An application specifying relevant information as to
the dates, time, place and a general description of the items to
be sold is on file at the office of the City Business License
Officer and a written permit has been issued for the sale. One
permit shall authorize no more than (2) sales per calendar year
at a given location. One (1) "sale" shall be for no more than
two (2) consecutive days.
(b) No goods, wares or merchandise shall be offered for
sale or sold at such sale other than used property owned
exclusively by the owner, tenant or occupant of such residence.
New goods shall not be sold at garage sales. Upon request by any
representati ve of the Police Department, the person conducting
such sale shall establish his title to the goods, wares or
merchandise offered for sale.
(c) Subsection (b), above, shall not be applicable to a
charitable organization, as defined in Section 6611.2, infra,
when such charitable organization is conducting a patio, garage
and/or back yard sale at the residence of a member of such
-2-
1864
organization or at the legally established premises of such
charity or religious establishment when located in a residential
zone.
(d) No sign, billboard, placard, or other form of
advertisement of such sale shall be placed upon any public
property within the City; nor shall any such form of
advertisement be placed upon the premises where the sale is to be
conducted more than two (2) days prior to the date the sale lS to
commence, and shall be removed by 6:00 p.m. on the day the sale
terminates. No more than one (1) slgn, billboard, placard or
other form of advertisement shall be placed upon the premises and
such sign shall not exceed four (4) square feet in size and must
be in the front yard area.
(e) No such sale shall be commenced prlor to 8:00 a.m. and
shall conclude each day at or before 6:00 p.m.
(f) No goods, wares or merchandise shall be placed or
displayed in the front yard of any residence or premises, nor In
the side yard of any corner lot, unless such side yard is
screened from the view of the adjacent public right-of-way to the
maximum height permitted, for the purpose of offering for sale,
selling or advertising such sale. For the purpose of this
Article, front yard is defined as the full width of the lot lying
between the public right-of-way and the front building line of
the main house on the premises. This Section shall be applied to
avoid the display of goods in the open on property between any
residential structure and the street.
-3-
1864
(g) A violation of any of the foregoing conditions
including conduction of a sale without a permit shall constitute
a misdemeanor in accordance with Section 1200 of the Code.
SECTION 2.
That the City Clerk shall certify to the
adoption of this Ordinance and shall cause a copy of the same to
be published in the official newspaper of said City within
fifteen (15) days upon its adoption.
Passed, approved and adopted thisl8thday of August
, 1987.
,-'
~
-::--
~&-
'.
~---
City of Arcadia
ATTEST:
~~....~~
~.~ - . .~-.:<, .~
Ci ty Cle"i:k.":6fo"the City of Arcadia
-...: ....c . ___
~--'
-
."
~
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:
CITY OF ARCADIA )
I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia,
hereby certify that the foregoing Ordinance No. 1864 was passed
and adopted by the City Council of the City of Arcadia, signed by
the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 18th day of August, 1987, and that
said Ordinance was adopted by the following vote, to wit:
AYES: Counci Imelnber Chandler, Harbicht, Lojeski and Gi lb
NOES: None
ABSENT: Councilmember Young
c~~
City Clerk of the City of Arcadia
-4-
1864