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Home My Public Portal AboutOrd. 1418I CITY OF LYNWO-OD LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 1 418 AN ORDINANCE OF THE CITY OF LYNWOOD REGULATING THE SALE OF PERSONAL PROPERTY IN RESIDENTIAL ZONES AND AMENDING THE LYNWOOD MUNICIPAL CODE THE CITY. COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection 25 -16.18 of Chapter 25 of the Lynwood Municipal Code is amended in its entirety to read as follows: 11 2.5 -16.18 Sale of Personal Property in.Residential Zones No personal property may be sold, or displayed or offered for sale, to the general public in any residential zone unless authorized by a special permit issued in accordance with the provisions of subsection 4 -8.9 of Chapter 4 of this Code. This prohibition applies, without limitation, to sales of personal property commonly known as "garage sales ", "yard sales ", "patio sales ", "rummage sales ", "estate sales" and the like." SECTION 2. Chapter 4 of the Lynwood Municipal Code is amended by adding a new subsection 4 -8.9 to read as follows: "4 -8.9 SPECIAL PERMITtFOR SALE OF PERSONAL PROPERTY IN A RESIDENTIAL ZONE. a. Applc�ah.1 ?tY The provisions of this subsection 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. 950623 10512 -00001 syc 0592066 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 a calendar quarter designated as follows: CALENDAR QUARTER January -March April - June July - September October - December DESIGNATED WEEKEND Last weekend in March Last weekend in June Last weekend in September First weekend in December The word "weekend," as used in this paragraph, means a Saturday and a Sdrnday, bath of which the :same calendar mcnth. 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: (1) Full name and residence address of the applicant. (2) The address where the sale will be conducted. (3) The proposed dates and hours of the sale. (4) A general description of the personal property to be sold. (5) A declaration, signed under penalty of perjury, that: 950623 10512 -00001 syc 0592066 — 2 — (a) 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. (b) 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 ,a % zx ?gy i:i3.1 _ a_rnit applitatlian 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 subparagraph 3 below. 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. (b) Where the applicant is a bona fide nonprofit organization and provides satisfactory evidence to the License Collector of its exempt status under federal and state law. e. Duration of Special Permit The special permit issued by the License Collector may authorize the permittee to sell personal property 950623 10512 -00001 syc 0592066 — 3 — 9 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 7:00 a.m. and 8:00 p.m., subject to the restrictions set forth in paragraph f below. 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. All signs advertising the sale of personal property must comply with the provisions of subsection 25 -33.4g of Title 25 of this Code. 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 no sidewalk or parkway area may be used for that display or any related sales activities. - 4 - . The s on al tri rt r}-p i cb is sold _ - fi r 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. 5. The original or a copy of the special permit a iss atria` uy i he Lict:!nse t:ollector 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. g. Other Authorized Sale of Used Personal Property Nothing contained in this subsection precludes the City Council, by resolution, from authorizing one or i 950623 10512 -00001 syc 0592066 - 4 - 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 Community Development Department, and the Sheriff's Department will enforce the provisions of this subsection. j. Penalty for Violation 1. Any pe:-son vi ol-t _n,;_ 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 conviction by a fine of not more than One Hundred Dollars ($100), and for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars ($200), 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)." 950623 10512 -00001 syc 0592066 — 5 — SECTION 3. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED AND ADOPTED thisl day of August , 1995. LOUIS BYRD, MAYOR ATTEST: ANDREA L.. HOOPER,CITY CLERK APPROVED AS TO.FORM: WILLIAM B. RUDELL, CITY ATTORNEY 950623 10512 -00001 syc 0592066 — 6 — STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and foregoing is a full, true and cor ect copy of Ordinance No. 1418 on file in my office and that said ordinance was adopted on the 15th day of August 199' +5, and passed by the following vote: AYES: COUNCILMEMBER HEINE, HENNING, REA, RICHARDS,. BYRD NOES: NONE ABSENT: NONE City Clerk, City of Lynwood