022-19 - Ordinance - Relating to Garage, Yard, and Real Estate Sales, Charitable Auctions and Rummage Sales in Res. ZonesORDINANCE NO. O22-L9
AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASHINGTON,
RELATING TO GARAGE, YARD, AND ESTATE SALES, AND CHARITABLE
AUCTIONS AND RUMMAGE SALES N RESIDENTIAL ZONES; REPEALING
sEcTtoN 20.58.140(21 OF THE PORT ORCHARD MUN C pAt CODE;
ADOPT NG NEW SECTIONS IN CHAPTER 20.39 OF THE PORT ORCHARD
MUNIC PAL CODE; PROV D NG FOR SEVERABIL TY AND PUBLICAT ON;
AND SETT NG AN EFFECT VE DATE.
WHEREAS, Residential garage, yard, and estate sales, and auctions and rummage sales
for non-profit organizations, can be a beneficial activity in the community, bringing neighbors
together, recycling household goods, and helping people declutter, among other things; and
WHEREAS, frequent or continuous sales in residential areas can have a harmful effect,
disrupting neighborhoods, causing excessive traffic, and being a way of running a business
without the costs and regulations borne by those who operate businesses legally; and
WHEREAS, a current provision in POMC Chapter 20.58 (Temporary Uses) that could
govern such uses is vague and could allow incompatible uses in all zones; and
WHEREAS, on March 25,2019. the Land Use Committee of the City Counci! considered
the issue of regulating such sales, and a variety of typical provisions based on a survey of other
jurisdictions, and recommended drafting regulations containing selected provisions for
consideration by the Planning Commission and the City Council; and,
WHEREAS, on June 4,2OL9, the City's Planning Commission held a public hearing on the
proposed amendments and voted unanimously to recommend approval by the City Council;
now, therefore,
THE CITY COUNCIL OF THE C TY OF PORT ORCHARD, WASH NGTON, DO
ORDAIN AS FOLTOWS:
SECTION 1. POMC Section 20.58.L4O(2) repealed.Port Orchard Municipal Code,
Section 20.58.740(21, is hereby repealed
SECTION 2. New POMC Section 20.39.560 Adopted. A new POMC Section 20.39.650 is
hereby adopted as follows:
20.39.660 Res dent al Yard, Garage, and Estate Sales. Periodic, non-commercial sales
of personal and household goods, and professional estate sales, at residential dwellings
shall be allowed as an accessory use, provided such sale events conform to the following
conditions:
Ordinance No. 022-L9
Page 2 of 3
(1) A maximum of four events per residential address per calendar year.
(2) A maximum of four consecutive days per event.
(3) Limited to the hours of 8:00 am to 6:00 pm.
(a) Goods shall not be placed in the public right-of-way.
(5) lt shall be the responsibility of the resident and/or operator of the sale to ensure
traffic is not obstructed.
(6) All goods, tables, canopies, tarps, and associated paraphernalia shall be removed
from public view between sale events.
(7) Goods shall be limited to the personal or household property of the estate, the
residents of the sale location, and/or the participants in the sale. There shal! be no sale
of goods or products purchased or produced for resale or otherwise sold by the sale
participants in a commercial enterprise.
(8) Professional estate sale operators shall be properly licensed in accordance with
POMC Chapter 5.L2.
SECT ON 3 . New POMC Section 20.39.670 Adopted. A new POMC Section 20.39.550 is
hereby adopted as follows:
20.39.670 Charitable Auctions and Rummage and Jumble Sales in Residential Zones.
Periodic, non-commercial outdoor sales of donated goods for the benefit of charitable,
non-profit organizations or non-commercial educational institutions shall be allowed as
an accessory use according to the following conditions:
(1) Limited to a maximum of four events per location per year.
(2) Limited to a maximum of four consecutive days per event.
(3) Limited to the hours of 8:00 am to 6:00 pm.
(a) Goods shall not be placed in the public right-of-way.
(5) lt shall be the responsibility of the operator of the sale to ensure traffic is not
obstructed.
(6) All goods, tables, canopies, and associated paraphernalia shall be removed from
public view between sale events.
(7) Shall be conducted on the premises of charitable, non-profit organizations or non-
commercial educational institutions.
(8) Variance from these conditions, or events held at other locations, may be permitted
subject to a Temporary Use Permit in accordance with POMC Chapter 20.58.
SECTIqN 4. Severabilitv. lf an y section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
Ordinance No. 022-t9
Page 3 of 3
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
sEcfloN 6.Effective Date.This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 25th day of June 2OL9.
Ifio
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\
Robert Putaansuu, M
SPONSOR:ATTEST:
Bra rson, MMC, City Clerk
APPROVED AS TO FORM:
Cates, City Attorney
Scott Diener, Councilmember
PU BLISH ED:
EFFECTIVE DATE:
July 5, 2OL9
July 10, 2OL9
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SEAL a
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held June 25,2079.
ORDINANCE NO. 022.19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO GARAGE, YARD, AND ESTATE SALES, AND CHARITABLE
AUCTIONS AND RUMMAGE SALES lN RESIDENTIAL ZONES; REPEALING
sEcTroN 20.s8.140(2) OF THE PORT ORCHARD MUNtCtpAL CODE;
ADOPTING NEW SECTIONS IN CHAPTER 20.39 OF THE PORT ORCHARD
MUNICIPAL CODE; PROVIDING FOR SEVERABILIW AND PUBLICATION;
AND SETT NG AN EFFECTIVE DATE.
Copies of Ordinance No. 022-L9 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 022-t9 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, July 5, 2Ot9