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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