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