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legal 247 rp 4 proofs
<br />ORDINANCE NO. 1483
<br />ORDINANCE OF THE CITY OF
<br />COLTON REGULATING THE
<br />SALE OF PERSONAL PROPERTY
<br />TO THE GENERAL PUBLIC
<br />FROM RESIDENTIAL PREMISES
<br />THE CITY COUNCIL OF THE
<br />CITY OF COLTON DOES ORDAIN
<br />AS FOLLOWS: added to the
<br />There is hereby
<br />municipal code of the City of Colton
<br />Section 5.45, which is to read as
<br />follows
<br />Section 5.45.010 Residential Sales
<br />Prohibited. It shall be unlawful for
<br />any person to conduct, or participate
<br />in the conduct of, a sales of personal
<br />property to the general public by
<br />means of a "garage" sale, "patio"
<br />sale, "yard" sale, or other sale
<br />similarly conducted on any
<br />residentially zoned premises, except
<br />as permitted in this ordinance or
<br />authorized by the zoning ordinance
<br />(No. 964) or other law.
<br />Section 5.person(herein the20 and
<br />Permit. Anyy P to conduct a
<br />applicant) intending "yard"
<br />"garage" sale, "patio" sale,' Y
<br />sale, or similar sale of personal
<br />property to the general public on
<br />residentially zoned premises or
<br />from a residence or residential
<br />garage shall, concurrently with the
<br />payment of a two dollar ($2.00) fee,
<br />file an application with the City
<br />Finance Department. Said applicant
<br />shall declare under penalty of
<br />perjury, or by affidavit, in said
<br />application, that all items to be sold
<br />are lawfully possessed, owned,
<br />o
<br />utilized and maintained by such
<br />applicant in connection with the use
<br />of said premises s , sessedhave
<br />or consigned
<br />acquired, P applicant shall
<br />for said sale. Said app
<br />state the date (or dates), hours, and
<br />place of the proposed sale, the name
<br />and permanent address of each
<br />person who will participate in
<br />conducting such sale, and that the
<br />applicant and each Of said persons
<br />know the provisions of this or-
<br />dinance. If the application is
<br />presented at least five days prior to
<br />the date proposed for the sale, the
<br />City Finance catiioD t
<br />ment shall file
<br />the app and issue a permit
<br />Section 5.45 030 Time and Place of
<br />Sale.Only one such sale may be
<br />conducted at a particular place in
<br />any six (6) month period. No sale
<br />shall continue more than three (3)
<br />days. Sales shall be conducted
<br />between the hours offe8 �1 shalland be
<br />8:00 p.m. only.
<br />issued for only one location. Mer
<br />Section 5.45.040 Display.
<br />chandise offered for sale shall not be
<br />displayed or stored in the front yard
<br />or side yards or immediately ad-
<br />joining public streets or rights-of-
<br />way.
<br />Section 5.45.050 Sign. Signs
<br />regarding the sale stall not be
<br />displayed except (a) during the time
<br />for the sale and (b) on the premises
<br />for the sale, as shown on the permit.
<br />Section 5.45.060 Exemptions. No
<br />fee shall be charged for a permit
<br />hereunder to be issued to any
<br />charitable, religious or nonprofit
<br />organization, or for a sale the
<br />proceeds of which will be used solely
<br />for charitable, religious, public or
<br />civic purposes.
<br />Section 5.45.070 Council Action. In
<br />the event that the Council is in
<br />formed that there have been
<br />violations of this ordinance at a
<br />certain premises or by a certain
<br />applicant it may give notice and
<br />conduct a hearing with regard
<br />thereto. If after such a hearing it
<br />finds good cause therefore, it may
<br />order that further permits for such
<br />premises or applicant shall be
<br />issued only by the Council and it
<br />may revoke any permits then in
<br />force.
<br />Section 5.45.080 Court Sales.This
<br />ordinance shall not apply to sales
<br />conducted pursuant to process or
<br />order of any court of compete
<br />nt
<br />jurisdiction.
<br />Section 5.45.090 Penalty. Any
<br />person, firm or corporation violating
<br />any of the provisions of this or
<br />dinance shall be deemed guilty of a
<br />misdemeanor and upon: conviction
<br />thereof shall be punished by a fine
<br />not exceeding $300.00, or by im-
<br />prisonment for a term not exceeding
<br />ten (10) days, or by both such fine
<br />and imprisonment.
<br />Section 5.45.100 Validity. If any
<br />section, subsection, sentence, clause
<br />or phrase of this ordinance is for any
<br />reason held to be invalid or un-
<br />constitutional by the decision of any
<br />court of competent jurisdiction, such
<br />decision shall not effect the validity
<br />of the remaining portions of this
<br />ordinance. The Council hereby
<br />declares that it would have passed
<br />this ordinance and each section,
<br />subsection, sentence, clause and
<br />phrase hereof, irrespective of the
<br />fact that any one or more of the
<br />sections, subsections, sentences,
<br />clauses, or phrases hereof be
<br />declared invalid or unconstitutional.
<br />Section 5.45.120 Effective Date.
<br />This ordinance shall take effect
<br />thirty (30) days after thedate of its
<br />shall
<br />adoption. The City Clerk
<br />certify to the passage of this Or-
<br />dinance and shall cause the same to
<br />be published once in the Colton
<br />Courier, a newspaper of general
<br />circulation within the City Of Colton.
<br />PASSED, ADOPTED and AP
<br />PROVED this 4th day of November,
<br />1975.
<br />(s) A. Huntoon
<br />Mayor
<br />(SEAL)
<br />ATTEST:
<br />(s) Helen A. Ramos
<br />City Clerk 247
<br />Publish: Nov. 13, 1975
<br />
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