HomeMy Public PortalAboutOrdinance 1104ORDINANCE NO. 1104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA AMENDING SECTION
5.08.110 "PATIO, GARAGE AND/OR YARD SALES" IN
THE CITY OF BEAUMONT MUNICIPAL CODE
WHEREAS, the Beaumont City Council desires to amend section 5.05.110 "Patio, Garage
and/or Yard Sales; and
WHEREAS, the current code restricts such sales to be held no more often than once each
six months at any residential address; and
WHEREAS, the current code restricts that a license for such sales shall not be issued more
often that once in each six months; and
WHEREAS, The Beaumont City Council desires to allow such license and sales to be
twice in a calendar year; and
WHEREAS, the current code requires the City Treasurer to issue such licenses upon
payment; and
WHEREAS, staff advises the code be updated to reflect the current operations in which
administrative staff tracks and issues such licenses; and
WHEREAS, this Ordinance shall repeal and replace City of Beaumont Ordinance 442.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES
ORDAIN AS FOLLOWS:
SECTION 1. CEOA. The City Council finds that the actions contemplated by this Ordinance
are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060
(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
SECTION 3. The City Council hereby adds Section 5.08.110 "Patio, Garage and/or Yard Sales"
to the City of Beaumont Municipal Code as follows:
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Section 5.08.110
"Patio, Garage and/or Yard Sales"
"Patio, garage and/or yard sales" means a sale held at a private residence by the owner
or owners, tenant and/or occupant thereof and since it is recognized that it is necessary
to dispose of personal property by means of an on -site sale, this section is designed to
define the limits of such sales:
A. Patio, garage and/or yard sales shall be held no more often than twice per calendar
year at any residential address and for a period not to exceed five consecutive days.
B. A license shall be required for sales such as described in subsection A of this
section and such license shall not be issued more often than twice per calendar year,
shall be valid only for a stated residential address and for no longer than five
consecutive days.
C. Licenses required under this title shall be issued by the City upon the payment of
the license fee therefore, as provided in this title, and the licenses shall state the
beginning and ending dates of such sale.
D. Estate sales for the disposition of personal property of a deceased occupant of a
residence may be issued by the City to the personal representative of such decedent. The
duration of such sales shall be for a reasonable length of time as determined by the City.
E. Nothing contained in this section is intended, nor shall it prevent or prohibit
various types of sales held by recognized charitable or social organizations having their
headquarters within the corporate limits of the City.
F. All goods, products and merchandise proposed to be sold at a patio, garage and/or
yard sale are subject to inspection by any peace officer of the City in the exercise of his
duty as such.
SECTION 4. Repeal of Ordinance Number 442. Effective as of the date that Beaumont
Municipal Code Section 5.08.110 takes effect, Ordinance Number 442 shall be repealed and of
no further force or effect.
SECTION 5. Severability. The City Council hereby declares that if any provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or
unconstitutional by any final court action in a court of competent jurisdiction, or by reason of
any preemptive legislation, such invalidity shall not affect the other provisions, sections,
paragraphs, sentences or words of this Ordinance, and to this end the provisions of this
Ordinance are severable. The City Council declares that it would have adopted this Ordinance
irrespective of the invalidity of any particular portion thereof and intends that the invalid
portions should be severed and the balance of the Ordinance enforced.
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SECTION 6. Effective Date and Publication. The Mayor shall sign and the Deputy City Clerk
shall certify to the passage of this Ordinance and cause the same or a summary thereof to be
published within 15 days after adoption in accordance with Government Code Section 36933.
This Ordinance shall take effect 30 days after adoption in accordance with Government Code
Section 36937.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the
City Council of the City of Beaumont, California, held on the 18th day of December, 2018, by
the following roll call vote:
AYES: Santos, White, Lara, Martinez, Carroll
NOES
ABSENT:
ABSTAIN
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Beaumont, California, held on the 2nd day of January, 2019.
AYES: White, Lara, Carroll, Santos, Martinez
NOES
ABSENT:
ABSTAIN
Attest:
City Clerk
Approved
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