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Home My WebLink AboutAgenda Report - August 3, 1988 (38)C 0 0 N C I L TO: THE CITY COUNCIL, FROM: THE CITY MANAGER'S OFFICE C 0 M M U N I C A 1 I 0 N COUNCIL MEETNG DATE: August 3, 1988 SUBJECT: ORDINANCE REGULATING NUMBER AND DURATION CF GARAGE SALES INDICATED ACTION- The City Council should consider the recommendation of the P anninq Commission to regulate the number and duration of garage sales and take the appropriate action. The proposed Ordinance would limit the number of garage sales to two (2) per calendar year, with each sale limited to no more than three (3) consecutive days for each group or location. BACKGROUND MRMATION At the present time the staff has no authority to cite people who conduct continuous garage sales, which are the basis for citizen complaints. The proposed Ordinance is not targeted for occasional sales or non-profit groups. Enforcement will be on a complaint basis or observation of blatant violations. At the present time staff uses friendly persuasion to stop continuous sales. This has proven to be time consuming and in some cases non productive. The neighbors that complain about the sale become upset because of the fact their concerns are being ignored. With the Ordinance in place the viclators will be asked to stop the sales and conform to the law. If the sale continues beyond the warning date, the person or perso will be cited for violating the Municipal Code. B. SCHRO R )ES munity Development Director CC22/TXTD.01C July 27, 1988 ., x....m�.rG-..,... ,r . �.,. .. .. .�..,,.:.iN� ,Wi.,:,,; ..:.',..-3 s.J+Cw,tr.*^ :;.r �.. ..�. �r<� �;...�•, NOTICE OF PUBLIC HEARING TO CONSIDER THE PLANNING COIVIlVIMMS RECOMMENDATION THAT THE CITY COUNCIL ADOPT AN CPDIKANM REGULATING THE NUMBER AND DURATION OF GARAGE SALES NOTICE IS HEREBY GIVEN that on Wednesday, August 3, 1988 at the hour of 7:30 pm., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing to consider the Planning Commission's recommendation that the City Council adopt an ordinance regulating the number and duratii of garage sales. The proposed ordinance would limit the number — garage sales to two (2) per calendar year, with each sale limited t,.: no more than three (3) consecutive days eacn for each group or location. Information regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, Lodi, California, at or prior t o , the Public Hearing. By Order Of the Lodi City Ccuncil: �7 alira M Raimrhn City Clerk Dated: July 6, 1988 Approved as to form: BKbbF M_ C i t y " Attorney IJ `J PROO_0F PUBLiCATION This space is for the County Clerk's Filing Skimp (2015.5 C.C.P.) •., STATE OF CALIFOPUNU4. CIT Y ` SX LE C i _C)I County of San Joaquin. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- Proof of Publication cf entitled matter. I an the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of \otice of Public Hearing ................................................................................................ general circulation, printed and published daily, To Consider The Planning Commission's except Sundays and holidays, in the City of Lodi, Recommendation That The City .Council Adopt ....................................................................... California, County of San Joaquin, and which news- An Ordinance Regulating The Number and Duration of Garage Sales paper has been adjudged a newspaper of general ................................................................................................ circulation by the Superior Court, Department 3, of TO NO7tCE Oi pLr'MC NEAgiC NG the County of San Joaquin, State of California, NSIOM THE PLgNNINc' COMMMSPOWS Ot� �E- AHOM THAT M under the date of May 26th, 1953, Case Number THE NtiMBEA ANDOp41RAi110- jE RE UL AING SALES 65990; that the notioe. of which the, annexed is a A OT E19 ""C" G-E"'hot on Wednes ehsrvofter as be mathe M".r"r of 7:30 p -m•, or os soon printed copy (set m type not Smaller glair non- i�ca..nci! will conduct o Fvbbe heard, the Lodi then rM Planning Ca'"'n'ission-s rmroertdar. pareil), has been published in each regular and re9utoImg theTh.n mbar I'd adopt an ordinanc. entire issue of wid new r y p nu.reb-. a -d, n erowmuld linitr theyew spaPe and not in an sup - co,, each wf s limited to o �moret rn thhrree plement thereof on the following dates, to -wit: dor each for each group or iota. tion. od in bdorm�t'.or, regarding this item Y be ob,.,.. k. at t..,... I D ec and Ylesic.ommentsro a Somm ......................................... we s may be filed ..t *t ed'. DweloP.n;a. gm ................ Morin - Lodi; July 2 � s. .. Ai{ •ore persons ora invited to pr e r their rested Colilo ten..r.ts is matter. written Clerk m y . 88 oat stotimep re nen's mo 9 scheduled herein and all In the Year 19......... 'aBY bif ras Bmared w rail! `" i matter wOf said 9.t you omeor.e eine roised� r�iY tlwse :styes You PC or described In this otic. or inew it en correspond entree dLodi ad to the Gita. park, Y27 West Pine I certify (or declare) under penalty of perjury tha H Lodi, caiifaaia, mar Baring. prior ro- the hblic BY Order W AL the foregoing 1S true and correct. City o-.REIthe Lodi Gy Council: MCHE City erk Do'ed: Jay 0. 19M Dated at Lodi, California, this __.._20th day c BOBBYW kNA rn' -- Cty At,,n.Y . JuiY70, 1988 rely Rs -8762 _. . .....................:......w sign�;iu� bA A/tt= ^2: 101101 1/e ATI AkE '....._...____..:...�:v,.;+...,:v:.-. :a..:,..,.....__----_...__.__�.._..,.-_..,.....•� ....•........__...._............-.,.a..,�..aasinm-a.-�=..PdrFl�+d rym(i 'wsx.r•�?A"x�'^�=rhe:n-.,...itiv.+�..-.>yww.r.a.:-.rs.......,.. .. ...„--+.�1.'i'�. . ......._:....� <t Jt -i iii!',-iL�LJIL .4WVsl..iV1f�r Vi,.r :..V .. IMPROW)DIE TO THE ii 4 COMMON (WE THE ORIGINAL `r, LOD1 1 OL10E DEPARTMENT Floyd A. Williams Ch cr of roper Thomas A. Peterson Ciz1 Manager Date: June 23, 1988 To Vhom It flay Concern; ?30 WEST ELIM STREET LODI, CALIFORNIA 95::40 (209) 333-6721 Recently, a sign was found on public property which contained your address. This letter is to inform you that placing signs on publfc property is a violation of California Penal Code Section 556. Violating this code is a misdemeanor uhich can result in a citation being issued to you. The bail for this citation is $750.00. This letter serves as a warning notice, a copy will be kept on file. No further action will be taken if you comply with the code and refrain from posting signs on public property in the future. I hope I can count on your cooperation in this matter. If you have any questions regarding this letter, please call me at the above phone number. Community Service Officer ! 4 Current Resident Loi ,MCAlp8g�42t' , An Honor to Serve. A Duty to Protect ac+a-n.wssNwww��'.:Sao'k7Ffi!>+'^��',�a��'"%S'�ra,�M.V'9..:armr+'xx�;id<,?xnuasars+.w.ru<��..;u.w...ww..-:u,r .a ww.,�+, »-,•..�.w""`.�"^i'.».ws��,�9A1"�fa�i 'k},f,'y^' ,eA: NOTICE OF PUBLIC HEARING TO CONSIDER THE PLANNING COtIMISSION'S RECOM1,11ENDATION THAT THE CITY COUNCIL ADOPT AN ORDINANCE REGULATING THE NUMBER AND DURATION OF GARAGE SALES A Public Hearing will be conducted by the City Council of the City of Lodi to consider the Planning Commission's recommendation that the City Council adopt an ordinance regulating the number -and duration of garage sales. The proposed ordinance would limit the number of garage sales to two (2) per calendar year, with each sale limited to no more than three (3) consecutive days each for each group or location. Information regarding this item may be obtained in the office of the City Clerk, 221 West Pine Street, Lodi, California or by telephoning (209) 333-6702. By Order Of the Lodi City Council : Alice M. Rei-che City Clerk Dated: July 6,-1988 Approved as to form: PH/41 TXTA.02D �.. ��r.%S .sd.�.r.''m .ra�,.'",�'.�.,��.' •see;:: Bobby W. McNatt City Attorney PH/41 TXTA.02D �.. ��r.%S .sd.�.r.''m .ra�,.'",�'.�.,��.' •see;:: D,Ir August 1, 1988 CPDP02,TCE NO, AN CFUWqCE OF THE LCC1 CITY C17LNJL, AMENDING TITLE 9 OF THE IM MUNICIPAL CODE, BY ADDING THERETO CHAPTER 9.20, RBalADNG THE CONDUCT OF GARAGE SALES. BE IT CFD44) BY THE LCD1 CITY COUNCIL- SECIM 1. Lodi Municipal Code Title 9 - Public Peace, Morals and Welfare - is hereby amended by adding thereto Chapter 9.20 - Regulating The Conduct of Garage Safes - as follows: 9.20.010. Garage sale defined. "Garage sale" shall mean a yard sale, patio sale, garage safe, or any similar sale of merchandise consisting of personal items, by an individual or group, for profit, when the merchandise to be sold i s offered to the general public, all of which sales shall be conducted within a building and/or on private property. "Garage sale" shall not include items purchased for resale. 9.20.020. Permi t required. Before any garage sale shall be conducted, the person or group conducting such sale shall file a written application for a permit with the Community Development Department which shall state: 1. The name and address of the applicant, and the names and addresses of any persons owning an interest in -I- the property to be sold, if different from the applicant, and an indication of the property owned by persons other than the applicant; 2. The location of the proposed sale; 3. The date or dates during which the proposed sale is to be conducted; 4. An affidavit or declaration under penalty of perjury that the person or persons conducting the sale is or are the owners of the property offered for sale, that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale, and that not more than one other garage sale has occurred on the premises during the previous twelve-month period. 9.20.030 Time, place and manner restrictions. A. Garage sales shall be limited to two per calendar year, of no longer duration than three consecutive days, for each person, family, group or location. B. No permit shall be approved and no sale shall be conducted for more than three consecutive days, which shall constitute a single event for purposes of the preceding section. The sale shall not be conducted before 7:00 a.m. or after 7:00 p.m. on the permitted days. C. Garage sales shall not be restricted as to location because of the zoning regulations, except that such sales may be conducted on private property and shall not be permitted on public sidewalks, alleys, streets, or other public rights of way. 9.20.040 Signs. Signs advertising a garage sale for which a permit has been issued hereunder, may be placed or erected on the sale premises, but not at any other location, subject to the following conditions: A. No such sign shall exceed four square feet in area. B. lib such sign shall be displayed more than twenty four hours prior to, nor more than twenty four hours following the event advertised thereon. 9.20.050 Violation. Every person who, for himself or herself or as an agent of another, commences, engages -in, conducts or carries on any sale as provided in this chapter without procuring the permit required by section 9.20.020, or who fails to -3- comply with the conditions and provisions of this chapter, shall be guilty of an infraction. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this day of JAMES W. PINKERTON Mayor Attest: ALICE M. REINUIE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held and was thereafter passed, adopted and ordered toprint at a regular meeting of said Council held by the following vote: Ayes : Council Members - Noes : Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. was approved and siggned by the Mayor on the date of its passage and the same has been publ-,shed pursuant to law. Approved as to Form BOBBY C1 McNATT City Attorney ORDGARAG/TXTA.OIV ALICE M. RENKIIE City Clerk