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outdated requirements that no longer reflect the goals of the City, as well as the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