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HomeMy Public PortalAbout16) 9C Intro to Ord 13-969 Yard SalesDATE: April 2, 2013 AGENDA ITEM 9.C. *01iJih4111►1III VMNIAT/:IX01Uivi1:1►IED] =W_1AIi,41:1►II MEMORANDUM TO: The Honorable City Council /1r FROM: Jose E. Pulido, City Managef Via: Mark Persico, Community Development Director Robert Sahagun, Public Safety and Services Manager By: Teresa Santilena, Management Analyst SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-969, AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING ARTICLE D ("YARD SALES") AND ADDING CHAPTER I ("YARD SALES") OF TITLE 4 ("LAW ENFORCEMENT"), CHAPTER 2 ("NUISANCES") OF THE TEMPLE CITY MUNICIPAL CODE RECOMMENDATION: The City Council is requested to: a) Introduce and hold a public hearing regarding Ordinance No. 13-969 (Attachment "A") for first reading by title only, repealing Article D ("Yard Sales") and adding Chapter I ("Yard Sales") of Title 4 ("Law Enforcement"), Chapter 2 ("Nuisances") of the Temple City Municipal Code regarding regulations pertaining to the schedule and enforcement of yard sales in the City of Temple City; and b) Schedule the second reading of Ordinance No. 13-969 for April 16, 2013. BACKGROUND: 1. On December 10, 2010, a City Codes Review Ad Hoc Committee (Ad Hoc Committee) (i.e., Mayor Chavez and Council Member Sternquist) was formed to address the challenges City staff was encountering in its attempts to enforce the City's Municipal Code. 2. During the months of January and February 2011, staff conducted a review of the entire Municipal Code to identify its deficiencies, and to provide the Ad Hoc Committee with recommendations to better facilitate compliance. 3. On March 9, 2011, Community Preservation staff met with the Ad Hoc Committee to discuss the difficulties faced in the enforcement of the Temple City Municipal Code (TCMC). This includes inconsistent provisions, ambiguous verbiage and City Council April 2, 2013 Page 2 outdated requirements that no longer reflect the goals of the City, as well as the lack of necessary enforcement tools needed to mandate compliance from persons who refuse to voluntarily comply with applicable requirements. 4. On April 28, 2011, Revenue and Cost Specialists (RCS) completed a Cost of Services Study for the City that included estimates of staff service units performed on all City services in order to determine the costs incurred by the City and offset said costs. 5. From April through October 2011, Community Preservation staff (including City Prosecutor James Eckart) and the Ad Hoc Committee discussed various methods of addressing the deficiencies, including possible amendments to the City's Municipal Code. 6. On June 28, 2011, the City Council conducted a public hearing and adopted Resolution No. 11-4757, adopting the Temple City fee schedule based on the RCS Cost of Services Study establishing certain fees and charges to defray costs for general financial services, general community development services, general engineering services, and parks and recreation services, including a $6 processing fee for yard and garage sale regulation. 7. On November 15, 2011, the City Council approved the first round of proposed code amendments that would facilitate improved enforcement of the Municipal Code and subsequent compliance of violations. The ordinances approved were: Ordinance No. 11-948 — Shopping and Laundry Cart Containment, Retrieval and Abatement; Ordinance No. 11-949 - Abandoned and Vacant Property Registration, Maintenance and Security Requirements; and Ordinance No. 11-950 — Public Nuisance Regulations. 8. On May 1, 2012, the Ad Hoc Committee met with staff and the City Prosecutor to review the first draft of the proposed ordinance. The City Prosecutor provided recommendations and the Ad Hoc Committee provided direction to amend the initial draft based on aforementioned input. 9. On June 19, 2012, the Ad Hoc Committee met with staff and the City Prosecutor to review revisions to the draft ordinance. The Ad Hoc Committee provided feedback, recommendations, and directed staff to submit the proposed ordinance to the City Council for consideration. 10. From July 2012 through February 2013, staff met several times with the City Prosecutor to ensure that the recommended revisions to the proposed ordinance were being incorporated based on the Ad Hoc Committee's direction. 11. On March 21 and March 28, 2013, public notices regarding the introduction and first reading of the proposed ordinance were published in the Temple City Tribune. City Council April 2, 2013 Page 3 ANALYSIS: The City of Temple City currently expends a tremendous amount of resources enforcing yard sale permit requirements and processing permit applications. Yard sales tend to result in personal property being placed on sidewalks, streets and other public rights-of- way in manners that interfere with the intended pedestrian and/or vehicular use of the right-of-way. Persons advertising yard sales often place signs on public rights-of-way which is a violation of the City's Zoning Code, and these signs are often left on the public right-of-way after the conclusion of the yard sale, resulting in the use of limited City resources to remove the illegally posted signs. The City has a substantial interest in preserving and maintaining the aesthetics and tranquility of neighborhoods, including traffic flow through the neighborhoods. 1. Current Yard Sale Regulations Currently, the TCMC contains general provisions to protect the health and safety of the community by requiring that an occupant of each residence wishing to hold a yard sale obtain a permit and pay a $6 processing fee prior to the sale. Additionally, each residence is allowed no more than one yard sale during any six- month period and sales may be conducted for a maximum of two days between the hours of 8:00 a.m. and 6:00 p.m. Garage and yard sales are prohibited from encroaching into the public right-of-way. Signage regulations are also enforced: no signs may be placed on any public property or right-of-way of public facilities; and only one double face sign not exceeding five square feet in area may be displayed on the sales premises during the hours sales are lawfully conducted. Notwithstanding the current regulations, residents within the City routinely conduct unpermitted yard sales and unlawfully post signage in the public right-of-way. Proposed Ordinance No. 13-969 (adding a new Chapter I of Title 4) contains provisions that increase the City's ability to support the general welfare of the City's residents. 2. Proposed Changes to Yard Sale Regulations The most significant changes to the City's current yard sales codes are described below. A. Quarterly Yard Sales The current provisions limit Temple City residents to conducting two yard sales per year, no more than one in any six-month period, with no sale allowed to be in excess of two days (e.g., Saturday and Sunday). Proposed Ordinance No. 13-969 would increase the number of sales allowed per residence to four per year. Rather than allowing yard sales on any weekend, the City would designate specific yard sale weekends each quarter (i.e., President's Day weekend, the third weekend in April, Labor Day weekend, and the first weekend in November each City Council April 2, 2013 Page 4 year) and would not allow sales to occur on any other weekend. Sales held on President's Day and Labor Day weekends could continue for three days (i.e., Saturday, Sunday and Monday). Designating specific yard sale weekends will allow Community Preservation Officers to quickly identify non-compliant sales (i.e., any garage or yard sale being conducted outside of designated weekends). Designating specific yard sale weekends will aid the economic development of the City by drawing people from neighboring communities into Temple City on those designated weekends, thus encouraging them to visit other businesses and restaurants within the City. B. No Permits Required The current yard sale provisions require that a permit be obtained from City Hall (along with payment of a $6 fee) and displayed at the site of the sale at all times during said sale. The permit requirement (i) identifies the person responsible for the yard sale — and any violations of the City's yard sale regulations, and (ii) allows staff to ensure that persons are not exceeding the maximum number of yard sales in a calendar year. The fee is designed to cover the cost of the City's resources used in processing the permit application and issuing the permit. Proposed Ordinance No. 13-969 eliminates the need for a permit and spares residents the $6 permit processing fee, as yard sales would be allowed only on specified weekends. Eliminating the need for a permit ensures that, during designated sale weekends, Community Preservation Officers will focus their enforcement efforts on issues having a direct impact on the quality of life within the City, rather than on permit inspections. C. Signs The proposed ordinance maintains the current regulations prohibiting signs from being placed on the public right-of-way, and allowing only one double-faced sign not to exceed five square feet on the property where the sale is being conducted. However, the proposed ordinance also prohibits signs from being placed on vehicles that are parked on a public right-of-way. Additionally, the proposed ordinance provides a rebuttable presumption that any person whose information is on an unlawfully posted sign is responsible for the posting of the sign. It should be noted that it is staff's assessment that the need for the unlawful posting of signs will decrease under the proposed ordinance. This will enhance staff's ability to enforce the regulations related to the unlawful posting of signs. It is recommended that the City Council adopt Ordinance No. 13-969 to benefit the general health, safety, and welfare of the community. In Southern California, the cities of Azusa, EI Monte, Ontario and Santa Ana have adopted similar ordinances (i.e., permit -free, quarterly yard sales held on specifically designated weekends) in order to address issues arising from the efficient permitting and enforcement of yard sales. Staff's extensive review and analysis of the City's Law Enforcement and Nuisance Codes has demonstrated that the City's laws have not been adapted to adequately City Council April 2, 2013 Page 5 respond to growing concerns by City officials and the public regarding yard sales as it pertains to permit requirements and violations of the TCMC. CONCLUSION: Over the past 18 months, the City has enacted several amendments (i.e., Property Maintenance, Shopping Cart Containment, and Vacant Property Registration) to the Temple City Municipal Code aimed at maintaining and enhancing the City's quality of life. The proposed ordinance provides many benefits to the City of Temple City by: eliminating the need to purchase a permit from City Hall; increasing vehicle and foot traffic in the City on designated yard sale weekends; and making yard sale enforcement more efficient, allowing Community Preservation Officers to focus on regulating flow of traffic, discouraging encroachment on the public right-of-way and correcting signage violations, which will improve the quality of life for Temple City residents. FISCAL IMPACT: Adoption of proposed Ordinance No. 13-969 will not cause fiscal impact upon the City's budget. After July 1, 2013, when proposed Ordinance No. 13-969, becomes effective, the City will lose revenue from the processing of yard sale permits. In 2012, the City issued 798 yard sale permits, bringing in a total of $4,788.00 in permit fees. However, the labor and equipments costs borne by the City each weekend for yard sale permit inspections, removal of illegally posted signs and preservation of the public right-of-way far exceed this revenue. The loss of this revenue will be offset by the increased efficiency of the proposed yard sale enforcement. ATTACHMENTS: A. Draft Ordinance No. 13-969 ATTACHMENT "A" CITY OF TEMPLE CITY ORDINANCE NO. 13-969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REPEALING ARTICLE D ("YARD SALES") AND ADDING CHAPTER I ("YARD SALES") OF TITLE 4 ("LAW ENFORCEMENT"), CHAPTER 2 ("NUISANCES") OF THE TEMPLE CITY MUNICIPAL CODE. WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and, WHEREAS, California Government Code Section 38771 provides that legislative bodies of Cities may declare what constitutes a nuisance; and, WHEREAS, the City Council of the City of Temple City finds that it is a common practice for persons residing in the City to engage in the practice of selling household items and furnishings that have been acquired and used by the resident; WHEREAS, the City Council finds that "yard sales" are often, in fact, conducted by persons as part of a commercial enterprise in violation of local Zoning and Business License regulations, and without obtaining a "Seller's License" from the State Board of Equalization; WHEREAS, the City of Temple City currently allows residents to conduct two (2) yard sales per year (with no more than 1 in any 6 -month period) with a no -fee City permit; WHEREAS, the City of Temple City expends a tremendous amount of resources on enforcing the "yard sale" permit requirement and processing the no - fee City permit applications; WHEREAS, "yard sales" tend to result in personal property being placed on sidewalks, streets, and other rights-of-way in manners that interfere with the intended pedestrian and/or vehicular use of the right-of-way; WHEREAS, persons advertising "yard sales" often place signs on public rights -of -ways in violation of the City's Zoning Code, and said signs are often left on the public rights-of-way after the conclusion of the sale, resulting in the expenditure of limited City resources to remove the illegally posted signs; WHEREAS, the City Council finds and declares that the City of Temple City has a substantial interest in preserving and maintaining the aesthetics and tranquility of neighborhoods, including traffic flow through the neighborhoods; Page 1 of 6 WHEREAS, the City Council wishes to modify its regulations pertaining to yard sales to benefit the health, safety, and welfare of the community in an effort to ensure the orderly operation of such sales, to minimize the impacts on adjoining residential properties, to minimize staff time in administering permits, and to increase the success of yard sales for those choosing to conduct one and those patronizing such sales THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Article D ("Yard Sales") of Chapter 2 ("Nuisances") of Title 4 ("Law Enforcement") of the Temple City Municipal Code is hereby repealed and deleted in their entirety; provided, however, that such repeal shall not affect or excuse any violation of said Article that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Article that occurred prior to the effective date of this Ordinance. SECTION 2: A new Article I ("Garage and Yard Sales") of Chapter 2 ("Nuisances") of Title 4 ("Law Enforcement") of the Temple City Municipal Code is hereby added as follows: Article I GARAGE AND YARD SALES 4290 Definitions A. "Estate sale" shall mean a type of yard sale or auction of personal property that was owned, utilized, or maintained by a person who is recently deceased, and which sale is performed or managed by a third party who does not reside at the site of the sale. B. "Garage sale" shall have the same meaning as "yard sale" as defined by this Article. C. "Merchandise" shall mean and include commodities or goods that are bought and sold in business. D. "Personal property' shall mean any property that is owned, utilized, or maintained by an individual or members of a residence or family and acquired in the normal course of living in or maintaining a residence. E. "Rummage sale" shall mean a type of yard sale of personal property that is conducted by a bona fide, nonprofit organization for fundraising or other charitable purpose Page 2 of 6 F. "Yard sale" shall mean any event where items of personal property are sold, displayed for sale, or offered for sale to the general public in, at, or upon any portion of a residentially zoned or residentially occupied property within the City. A yard sale shall include, but shall not be limited to, all sales entitled, advertised, or called estate sales, garage sales, lawn sales, rummage sales, moving sales, patio sales, and multi -family sales; however, yard sales shall not include the sale of goods or merchandise that is otherwise subject to and in full compliance with the provisions of the City's business license and/or permit provisions contained within Chapter 1 ("Business Licenses" of Title 5 ("Business Licenses and Regulations") of this Code and the provisions of the City's Zoning Code. 4291 Yard Sales Permitted A. No person shall cause, permit, allow to be conducted, or suffer a yard sale within the City unless in full compliance with all regulations contained in this Article and in conformance with all other applicable laws. 1. Yard sales conducted in conformance with this Article do not require a regulatory permit from the City nor a business license. B. Exception. The provisions of this Article shall not apply to sales of personal property made under court orders or processes. 4292 Authorized Dates and Hours for Yard Sales Subject to the additional regulations and restrictions contained within this Article, yard sales shall only be conducted between the hours of 8:00 a.m. and 6:00 p.m. on the following dates: A. President's Day weekend (consisting of Saturday, Sunday, and Monday only); B. Third weekend of the month of April (consisting of Saturday and Sunday only); C. Labor Day weekend (consisting of Saturday, Sunday, and Monday only); and, D. First weekend of the month of November (consisting of Saturday and Sunday only). Page 3 of 6 4293 Regulations and Restrictions All yard sales conducted within the City shall be subject to each of the following regulations and restrictions. A. Yard sales shall only be conducted by and in the direct presence of the owner or occupant of the improved residentially -zoned or residentially - occupied real property upon which the yard sale is being conducted. 1. Estate sales shall be conducted only on the real property of the recently deceased person who previously owned, utilized, or maintained the personal property being sold 2. Rummage sales shall only be conducted on real property (residential or otherwise) owned or leased by the non-profit organization conducting the rummage sale, or on the real property of a member of the non- profit organization. B. Only personal property as defined in this Article may be sold, displayed for sale, or offered for sale at a yard sale, and neither new merchandise nor merchandise that was purchased for resale or on consignment may be sold, displayed for sale, or offered for sale at a yard sale. C. All personal property displayed for sale or offered for sale at a yard sale shall be arranged in such a manner as to not inhibit, impede, or obstruct the ingress, egress, or other required pathways for occupants of the subject property and/or of the adjacent property, as well as of emergency service personnel (including Sheriff's Department, Fire Department, and/or paramedics). D. No personal property shall be displayed for sale within the street, sidewalk, alley, parkway, or other public right-of-way. E. All areas where personal property is being sold, displayed for sale, or offered for sale at a yard sale shall be subject to inspection by City Officials at all times during the sale in order to ensure compliance with applicable laws and regulations. 4294 Signs Notwithstanding any other provision of this Code to the contrary, one non - illuminated, double-faced sign shall be allowed in connection with any yard sale without a permit from the City, so long as the sign adheres to the following regulations and restrictions. A. The sign shall not exceed five (5) square feet in area. Page 4 of 6 B. The sign shall be located entirely and only on the property where the yard sale is being conducted. C. The sign shall not be posted, erected, or placed earlier than 8:00 a.m. on the Friday preceding the authorized commencement of the yard sale, and the sign shall be removed no later than 6:00 p.m. on the last day authorized for the yard sale. D. Notwithstanding any other provision of this Code, no sign relating to a yard sale shall be erected, installed, or placed on any street, highway, sidewalk, median, parkway, or other public right-of-way, or attached or affixed to any tree, shrub, light post, utility pole, public utility facility, vehicle, or other structure located on a public right-of-way. 1. For purposes of this Article, information that appears on any sign or other advertisement related to a yard sale, including, but not limited to name, telephone number, address or other identifying information, shall constitute a rebuttable presumption that the person or entity whose information is on the sign or who otherwise receives any benefit from the sign is responsible for the posting of the sign or other advertisement. 4295 Penalty. A. Notwithstanding any other provision of the municipal code to the contrary, any person who causes, permits, allows, maintains, or suffers a violation of any provision of this Article, or who fails to comply with any requirement of this Article, is guilty of a misdemeanor offense punishable in accordance with Chapter 2 of Title 1 of this Code. B. Any person who causes, permits, allows, maintains, or suffers a violation of any provision of this Article, or who fails to comply with any requirement of this Article, shall alternatively be subject to an administrative penalty/fine in accordance with the provisions of Chapter 4 of Title 1 of this Code. 4296 Applicability of other laws. This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction. 4297 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Article is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. The City Council declares that it would have adopted this Page 5 of 6 Article, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 3. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted as required by law. ORDINANCE NO. 13-969 HAD ITS FIRST READING ON APRIL 2, 2013, ITS SECOND READING ON APRIL 16, 2013, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AT ITS REGULAR MEETING OF APRIL 16, 2013. Attest City Clerk Page 6 of 6 Cynthia Sternquist, Mayor