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10-1-510: SALE OF PERSONAL PROPERTY IN RESIDENTIAL ZONES; GARAGE SALE
REQUIREMENTS:
A. PURPOSE.
The purposes of this section are to regulate the nature, frequency, and
manner of garage sales, patio sales, yard sales and other similar sales
conducted on residential property in order to maintain the non-commercial
character of residential zones and properties and to mitigate any negative
impacts associated with those sales, including excessive traffic congestion
and noise.
B. RESTRICTIONS.
No person shall sell or offer for sale personal property in any residential
zone except personal property owned, utilized and maintained by such person
or members of his or her family, on or in connection with the premises which
they occupy.
C. GARAGE SALES; PERMIT REQUIREMENT.
(1) In the event any items of personal property are to be offered for sale
to the general public by means of a "Garage Sale," as defined herein, the
person conducting the Garage Sale must obtain a Garage Sale Permit from the
License and Code Services Office. The person conducting the Garage Sale
shall also file an affidavit with the License and Code Services Office
stating that he or she is an owner or occupant, or a representative of
the owner or occupant, of the property at which the Garage Sale will be held
and that all the property to be sold is his or her own personal property, or
has been assigned to him or her for liquidation purposes (provided that the
personal property originated from the residence at which the Garage Sale
will be held). For the purpose of this Section 10-1-510, the term "Garage
Sale" means a public sale of personal property on any Premises (as defined
below) in a residential zone, a planned residential development, or a
legally nonconforming residential unit in any nonresidential zone, and
includes a yard sale, patio sale, estate sale or any other similar sale,
whether
said sale is conducted in a garage or carport, or on a patio, driveway,
front yard, side yard, or backyard. For the purpose of this Section
10-1-510, the term "Premises" means all real property, buildings and
appurtenances occupied by an owner, lessee, or tenant as a dwelling or
residence, and located upon a legal parcel of land undivided by a street.
(2) The term of each Garage Sale Permit granted by the License and Code
Services Office shall not exceed two (2) consecutive days. Only two (2)
permits may be obtained per Premises within any twelve (12) month period and
such permits shall not be issued within sixty (60) days of each other.
(3) Notwithstanding the foregoing (paragraphs (1) and (2) of this
subsection), any person may conduct an additional Garage Sale in conjunction
with the "California Second Chance Week" (for a sale on Saturday and/or
Sunday of that week only), for which a Garage Sale Permit shall not be
required. In the event "California Second Chance Week" is canceled or
eliminated, the Council may, by resolution, declare a "Second Chance Week"
during which the additional Garage Sale may be held. Any Garage Sale
conducted in compliance with this subsection (3) shall comply with all other
requirements pertaining to Garage Sales.
(PLEASE NOTE: The next "Second Chance Weekend" will be October
9-10, 2010)
(4) Replacement of Unused Permit. In the event that inclement weather,
emergency or other similar event (as determined by the Community Development
Director or his or her designee exercising reasonable discretion) precludes
the use of the Garage Sale Permit on its scheduled date of use, then a
replacement permit shall be issued if the permit holder applies for the
replacement permit within fourteen (14) days of the date the
original Garage Sale Permit was to have been utilized. The applicant shall
apply for the replacement Garage Sale Permit on the regular Garage Sale
Permit application, which shall be accompanied by a signed and sworn
declaration on a form supplied by the License and Code Services Office. The
declaration shall list the name of the applicant, the address of the
proposed garage sale, the dates of the originally scheduled and newly
proposed garage sales, and the reason(s) the original garage sale was not
conducted.
(5) Advertising. Any Garage Sale conducted pursuant to this Section shall
comply with all advertising regulations and restrictions contained in the
Burbank Municipal Code. Notwithstanding Section 6-1-1011 of this Code, any
person conducting a Garage Sale may also place advertising signs, which are
otherwise in compliance with this Code, in or on a maximum of two (2)
vehicles legally parked on the street. Two signs not exceeding six (6)
square feet each may be placed in or on each legally parked vehicle.
D. EXCEPTIONS.
The provisions of this section shall not apply to sales of personal property
made under court order or process. [Added by Ord. No. 2295; formerly
numbered Section 31-25.2; renumbered by Ord. No. 3058, eff. 2/21/87; Amended
by Ord. No. 3549, eff. 9/9/00.]
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