Chapter 17.173 — GARAGE SALES

This chapter shall be known and cited as the “Desert Hot Springs Garage Sale Regulations.” The purpose of this chapter is to promote and protect the public health, safety, and welfare of the general public by regulating garage sales within the City of Desert Hot Springs. Garage sales within the City shall be permitted only as specified in this chapter. Further, the purpose of this chapter is to authorize the conduct of garage sales in such a manner and under such conditions that they will be properly operated.

(Ord. 93-9 11-16-93)

“Garage sale” means the sale of tangible personal property, of personal household or sporting goods, and owned by a householder within the City. Such sales must be bona fide sales of property personally owned and used by the seller for personal or household use. The sale shall be clearly incidental and secondary to the principal use of the structure for residential dwelling purposes. For purposes of this chapter, the term “garage sale” also means “yard sale(s),” “rummage sale(s),” and “patio sale(s),” or similar activities.

(Ord. 93-9 11-16-93)

Garage sales are permitted in all residential zones within the City, limited to residents and churches only. Garage sales shall be prohibited in all commercial and industrial zones, excepting churches and legally nonconforming residences, both of which shall be permitted to hold garage sales in accordance with this chapter.

(Ord. 93-9 11-16-93)

In the event that the inhabitant(s) of a dwelling unit would like to hold a garage sale within the City, a Garage Sale Permit shall be required. In addition, if a property including 4 or more units is rented or leased, then permission will be required by the owner/manager for the renter/lessee to conduct a garage sale on said property. The applicant shall fill out the appropriate application, pay the required fee of $10 per participating dwelling unit, and then submit them to the Planning Department. The Planning Department will then review the application and verify that the dwelling unit complies with Section 17.173.030 , and issue a Garage Sale Permit for the length of time specified below. (Ord. 93-9 11-16-93)

Garage Sale Permits shall be limited to 4 garage sales per year (one every 3 months), and not exceeding 3 consecutive days each time. The time of operation for garage sales shall be during daylight hours, any day of the week. (Ord. 93-9 11-16-93)

The following are conditions and standards which shall be adhered to by individuals who obtain Garage Sale Permits:

• A. Garage sales shall be held by the inhabitants of residential dwelling units and churches only. Garage sales shall be prohibited in all commercial and industrial zones, excepting churches and legally nonconforming residences.

• B. There shall be no alteration in the residential character of the premises in connection with the garage sale.

• C. No off-site signage/flyers shall be posted throughout the City to advertise for garage sales. Any person found advertising off-site signs within the City for garage sales shall be fined. However, applicants can have 1 on-site sign to advertise garage sales.

• D. All garage sales shall be conducted in a proper and orderly manner. Garage sales shall be held within the garage space or limited parking space. For those uses which have their own access drive, a portion of the driveway may be used, but in no case shall that portion of the driveway which lies in the City’s right-of-way be used for garage sales. In addition, for those uses which have shared access drives, no portion of the driveway shall be used for garage sales so as to prevent access to others living on the same property.

• E. The City shall not be held responsible for any type of accidents or losses which may be caused by such an event. Such events and outcomes of these activities are the sole responsibility of the applicant.

• (Ord. 93-9 11-16-93)

No person shall violate any of the provisions or fail to comply with the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of an infraction. Any person convicted of an infraction under the provisions of this chapter, unless provision is otherwise made in this chapter, shall be penalized upon conviction by a fine of $50. Each and every person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be penalized accordingly. (Ord. 93-9 11-16-93)