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HomeMy Public PortalAboutOrd. 1652ORDINANCE NO. 1652 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AMENDING CHAPTER 4 OF THE LYNWOOD MUNICIPAL CODE REGARDING SPECIAL PERMIT FOR SALE OF PERSONAL PROPERTY IN A RESIDENTIAL ZONE WHEREAS, the City has identified a proliferation of illegal vending and subleasing during yard sales; and WHEREAS, residents' subleasing of space violates setback requirements, accessory structure regulations, are unsightly, create traffic hazards, and may pose as fire hazards; and WHEREAS, selling of new items is not permitted during yard sales; and WHEREAS, the Lynwood Municipal Code should be amended to directly address and regulate such issues; and NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DOES HEREBY RECOMMEND APPROVAL OF THE AMENDMENT AS FOLLOWS: 4 -8.9 Special Permit For Sale Of Personal Property In A Residential Zone: a. Applicability: The provisions of this subsection 4 -8.9 apply to any person who intends to or who does sell, or display or offer for sale, to the general public any personal property in any residential zone including, without limitation, sales of personal property commonly known as "garage sales ", "yard sales ", "patio sales ", "rummage sales ", "estate sales" and the like. b. Special Permit Required: No person may sell, or display or offer for sale to the general public, any personal property in any residential zone, without first obtaining a special permit from the license collector. c. Limitation On Issuance Of Special Permits: No person may conduct a sale of personal property in a residential zone, nor may the license collector issue a special permit for that sale, unless that sale is proposed to be conducted during the weekend of the following months: Calendar Designated Weekend April First weekend in April August First weekend in August December First weekend in December The word "weekend ", as used in this subsection, means a Saturday and a Sunday, both of which fall within the same calendar month. d. Application For Special Permit; Payment Of Application Fee: 1. An applicant for a special permit to conduct a sale of personal property to the general public in a residential zone must submit the following information on a form to be provided by the license collector: (a) Full name and residence address of the applicant. (b) The address where the sale will be conducted. (c) The proposed dates and hours of the sale. (d) A general description of the personal property to be sold. (e) A declaration, signed under penalty of perjury, that: (1) The applicant or members of the applicant's family own all of the used personal property to be offered for sale, that no personal property to be offered for sale has been acquired by or conveyed to the applicant for purposes of resale for profit, and that the applicant will authorize the sheriff's department or the city's code enforcement personnel to inspect all personal property to be offered for sale upon request by the sheriff's department or the Code Enforcement Division. (2) The applicant has read and will comply with all requirements of this subsection. 2. No special permit authorizing the sale of personal property in a residential zone may be issued by the license collector unless the applicant has paid a special permit application fee in an amount established by resolution of the city council, or has provided satisfactory evidence of the applicant's entitlement to an exemption, as provided for in subsection 4 -8.9d3 of this section. 3. The following exemptions from payment of the special permit application fee are authorized: (a) Where the applicant is sixty five (65) years of age, or older. e. Duration Of Special Permit: The special permit issued by the license collector may authorize the permittee to sell personal property to the general public in a residential zone only on Saturday and Sunday of the designated weekend in a calendar quarter, between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., subject to the restrictions set forth in subsection 4 -8.9f of this section. Items offered for sale or used for display during the sale shall be removed so that they are not visible from any public right of way by 7:00 p.m. on each day of the yard sale. f. Restrictions On Sales Of Personal Property In Residential Zones: 1. An adult must be present at all times during the sale of the personal property. 2. No sign shall be exhibited for more than one day prior to the sale and must be removed at the end of the last day of the sale. Signs shall be limited in number to two (2) signs on the property on which the sale is to be conducted. No signs shall be erected off site from the sale; this includes the public right of way, public poles, utilities, median islands, etc. 3. The display of the personal property, and related sales activities, may be conducted by the permittee anywhere on the residential real property identified in the special permit; provided, however, that only a 10'x20' area is used per parcel; no sidewalk or parkway area may be used for display or any related sales activities. 4. The personal property which is sold, or displayed or offered for sale, as authorized by the special permit, is expressly limited to the used personal property of the permittee or the permittee's family members. The sale of new personal property is prohibited. No personal property of any nature may be moved from another location to the location identified in the special permit for the purpose of selling, or displaying or offering for sale, that personal property. Permittees may only display 3 total large like items (e.g. 3 bicycles (1 child's bike, 1 adult bike, 1 tricycle); 3 vacuum cleaners (2 canisters, 1 upright)). Activities construed as a small business are prohibited. 5. The original or a copy of the special permit issued by the license collector must be posted or otherwise displayed by the permittee in a conspicuous place at the location of the sale during the hours of the sale to be visible from the public right of way. g. Other Authorized Sale Of Used Personal Property: Nothing contained in this subsection precludes the city council, by resolution, from authorizing one or more additional sales of used personal property during any calendar year. The date, time, location and requirements for participation in any such additional sale of used personal property will be as specified in the authorizing resolution. h. Special Permit Index File: The license collector will maintain an index file of all special permits issued in accordance with the provisions of this subsection. This index file will identify the names of the permittees and the locations in residential zones where sales of personal property have been authorized. i. Enforcement: The license collector, the code enforcement division of the Development Services Department, and the sheriff's department will enforce the provisions of this subsection. j. Penalty For Violation: 1. Any person violating any of the provisions of this subsection is guilty of an infraction. 2. Any person convicted of an infraction under the provisions of this subsection is punishable upon a first offense by a fine of not more than one hundred dollars ($100.00), and for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00) 3. Violators will also forfeit any permit issued under this Chapter and the right to seek a permit hereunder for 1 year from the date of the violation. k. Inclement Weather: The date of the yard sale shall not be changed as a result of inclement weather nor will a refund be provided. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Lynwood hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. Section 3.This Ordinance shall take effect thirty (30) days after final passage by the City Council. Section 4.The City Clerk of the City of Lynwood is hereby directed to certify to the passage of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 15th day of May, 2012 and adopted and ordered published at a regular meeting of said Council on the 5th day of June, 2012. PASSED, APPROVED AND ADOPTED this St" day of June 2012. ATTEST: . ROMP! I 'No -A e' Maria L. • APPROVED AS TO FORM: Fred Galante, City Attorney Jim Morto , —May6r APPROVED AS TO CONTENT: Jonathan Colin, Director of Development Services Department STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 5t" day of June, 2012. AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAWBEAS, ALATORRE AND MORTON NOES: NONE ABSENT: COUNCIL MEMBER CASTRO ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1652 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5t" day of June, 2012. Maria Quinonez, City Clerk