HomeMy WebLinkAbout4100 Ordinance ORDINANCE NO. y 10(:).
AN ORDINANCE RELATING TO YARD SALE PERMITS AND
SIGNAGE REGULATION
WHEREAS, cities have the responsibility to protect the health, safety, property and
welfare for the citizens of the City of Pasco; to provide for a neat, clean, orderly and attractive
appearance of the community; to provide for safe construction, location, erection, and
maintenance of signs; to prevent proliferation of signs and sign clutter; to minimize adverse
visual safety factors to travelers on the public highways and on private areas opened to public
travel, including pedestrian safety; and, to provide for an increase in property values, business
opportunities and the City's overall appearance; and,
WHEREAS, the city has specifically adopted regulations for yard sales and associated
signage.
WHEREAS, the City receives numerous complaints from the public regarding yard sale
signs that appear prominently at corners, and
WHEREAS, the City has determined that regulations for such signs are ambiguous and
need to be clarified in order to protect the health, safety, property and welfare for the citizens of
the City of Pasco, and
WHEREAS, the City Council has reviewed staff recommendations, and has determined
that to further the purpose of the comprehensive planning and to maintain and protect the welfare
of the community, it is necessary to amend certain sections of the Pasco Municipal Code
regarding yard sales and associated signage, NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 3.07.050 (EE) of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
EE) Yard Sale Permit X00 No Fee 5.52.020
Yard Sale Sign Violation $50.00 17.050.020
Section 2. That Section 5.52.020 "Yard Sales" of the Pasco Municipal Code be and the
same is hereby amended to read as follows:
5.52.020 YARD SALES.
A) Yard sales shall be limited to two such sales in each calendar year for each
individual household. Any No sale shall net be conducted for a continuous period of more than
three two consecutive calendar days.
B) Merchandise offered for sale at a yard sale must consist of used or secondhand
material owned by the person granted the permit or members of the individual household. €ef-a
of purchase. Intended sale of merchandise awned for less than six months shall be listed in the
application for a permit.
C) Any individual household before conducting any yard sale must have a permit.
Such a permit is obtained by making written application at least 24-hours prior to
commencement of the sale, at the Finance office or to the City Clerk online at the City's website
(permit application). The application must be signed made by a member of the individual
household eighteen years of age or older and shall describe the type of material to be sold, the
location and dates of the sale, and the listing of any material owned less than six months which is
to be offered for sale.
D) Upon completion and approval of the application, a permit shall be issued
containing the information shown in the application. A permit shall not be renewable until thirty
days after the expiration of the previous permit. and a fee as set forth in Chapter 3.07 of this code
No fee shall be required for each yard sale permits issued.
E) Any Permits issued under this section shall net be restricted to properties zoned or
used for residential purposes as to location because of zoning regulations except that such sale
must-be-conducted on private property and shall not be permitted on sidewalks, alleys, streets or
any other public way. Location shall be limited to property occupied by the person signing
making the application for the permit. Sales in commercial or industrial areas are subject to
"temporary special sales events"permits per PMC Chapter 5.25.
F) Any sale shall be conducted in an orderly manner and shall not constitute a public
nuisance nor hazard to persons or property. (Ord. 3560 Sec. 45, 2002; Ord. 1499 Sec. 2, 1971.)
G) Yard sale signs are allowed only for permitted yard sales in conformance with
PMC Section 17.050.020.
Section 3. That Section 17.05.020 "Special Provisions by Sign Classification" of the
Pasco Municipal Code be and the same is hereby amended to read as follows:
17.05.020 SPECIAL PROVISIONS BY SIGN CLASSIFICATION.
A) Temporary signs. This signage shall not be restricted by content, but is usually
and customarily used to advertise real estate sales, political or ideological positions, yard sales,
special events having a specific date or duration. Such signage shall be subject to the following
provisions:
1) All exterior real estate-signs shall be placed entirely on the property for
sale, except as provided below.
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Page 2
2) Residential "open house" signs are permitted only during daylight hours
and during times in which the broker/agent or seller or an agent is in attendance at the
property for sale. The sign may be placed within the periphery of the roadway provided it
does not interfere with traffic safety as provided in 17.05.040 D and 17.09.030, but it
shall not be attached to a utility pole or traffic safety device. Such signs shall be
permitted only during weekends beginning at 5:00 pm Friday and ending at 8:00 am
Monday.
3) Political Signs may be placed within the periphery of the public roadway
provided they do not interfere with traffic, vehicular or pedestrian, as provided in
17.05.040 D and 17.09.030, or interfere with the use of any residential or commercial
property. Political signs may be placed upon privately owned property including fences,
except subdivision fences, with the consent of the property owner.
4) Grand Opening and Special Event Displays temporary signs, posters,
portable reader boards, banners, strings of lights, clusters of flags, blinking lights,
inflatables, balloons, and searchlights are permitted only to announce the opening of a
completely new enterprise, the opening of an enterprise under new management, or a
special event.
a) All banners must be securely fastened taut against the wall of a
building and shall not extend above the building.
b) Tethered balloons and inflatables cannot be more than 70 feet
above the surface of the ground.
c) Grand opening and special event signs for businesses must be
located on the premises where the grand opening or special event is taking place.
d) Special event signs for a community event may be displayed on or
off the premises where the event is taking place including in the periphery of the
right-of-way.
e) Special event signs for a community event located in the periphery
of the right-of-way may not be larger than 6 square feet.
f) Special event signs may be located on the Robert Frost Elementary
School pedestrian overpass on North 20th Avenue. Said signs may be larger than
6 square feet.
5) Garage or Yard Sale Signs.
a) Yard sale signs are only allowed for permitted yard sales (no fee
permits may be obtained through the Finance office or on the City's website).
a)12). No garage/yard sale sign shall be placed, affixed, stapled, glued, or
taped to any utility pole, subdivision fence, or any public property;
1})0 No garage/yard sale sign shall be placed on the right-of-way of any
roadway, alley, sidewalk or other public auto or pedestrian traffic areas in such a
manner as to interfere with traffic, both vehicular and pedestrian, as provided in
17.05.040 (D) and 17.09.030, or interfere with any residential, commercial or
industrial property;
d) Yard sale signs may not be placed more than 24 hours prior to a
permitted yard sale and must be removed within 24 hours of permit expiration.
e) A maximum of four yard sale signs is allowed per permitted sale.
f) Yard sale sign area may not exceed 2 square feet per sign.
g) All yard sale signs must have the address of the yard sale event
clearly marked in legible, 2"minimum size lettering.
Yard Sale Regulations Ordinance
Page 3
h) Non-compliant and/or non-permitted signs are subject to seizure.
Any person with a repeat violation of this subsection (5) "Yard Sale Signs" is
guilty of an infraction and subject to a minimum penalty as set forth in chapter
3.07 of this Code.
i) The City, at its election, may direct any infractions identified in
this subsection (5), to be heard before the Pasco Code Enforcement Board
pursuant to Chapter 11.04 of the Pasco Municipal Code.
6) Duration — except for political signs or as otherwise provided or limited,
no temporary sign shall be erected, re-erected, or maintained for more than 30
days, unless permitted as provided hereafter. For the purpose of this regulation,
any sign of similar content erected subsequent to the original temporary sign shall
be considered as the original sign for the time limitation contained herein.
B) Limited Duration Signs. This signage shall not be restrained by content, but is
usually and customarily used to advertise non-permitted events of longer duration than
temporary signs, to advertise real estate sales or rentals and construction projects that were used
during the period of the real estate sales or rental campaign with the completion of the
construction project. Specific conditions and period of duration are identified in the chart in
Section 17.05.010 above.
Section 4. This Ordinance shall take full force and effect on April 15, 2013, after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 1st day of April, 2013.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
9 •JøcL
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Yard Sale Regulations Ordinance
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