Garage Sales and Yard Sales (and permits) in the Cities of Highland, Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Redlands, Yucaipa and unincorporated San Bernardino County

October 17, 2012 Leave a comment

By Michael Reiter, Attorney at Law

People want to know how to get yard sale and garage sale permits in the East Valley, and they find this site because of this article about the City of San Bernardino’s yard sale ordinance.  Therefore, here is a chart to give a basic (but not complete) understanding of the rules and regulations regarding yard sales in the East Valley, here defined as the Cities of Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Highland, Redlands, Yucaipa and unincorporated San Bernardino County such as Muscoy, Mentone, Oak Glen, Devore, Arrowhead Suburban Farms, Devore Heights, and Del Rosa.  Per the City Clerk of Loma Linda, there is no yard sale ordinance in the City of Loma Linda as of 10/17/2012.  Note also that homeowners associations (HOAs) probably have additional restrictions (particularly East Highlands Ranch) which you should look into.

City/Unincorporated Permit Required Permit Cost Where? Duration
Colton Yes $2, except charity, nonprofit, religious Finance Department 3 d, 8am-8pm
Grand Terrace Yes (Except Exemptions) $5 Finance Department 3 d, 8am-8pm
Highland Yes $7 Finance Department 3 d, 8am-8pm
Loma Linda N/A N/A N/A N/A
Redlands Yes $2.50 Treasurer 3 d or 2d each over consecutive weekends; 8 am-8pm
Rialto Yes (Except Exemptions) $5.40 Finance Department 3d, daylight
San Bernardino No (anomoly regarding Estate Sales) N/A N/A 3d, daylight
Yucaipa After 1st sale $2.50 (sales 2-4) Front Desk, City Hall 3d, 8am-8 pm
Unincorporated San Bernardino County No (See SBCC section 84.25.030(e) unless exceed standards of 84.10. N/A N/A 3d, 8am-5 pm
City/Unincorporated Frequency Display Signage Exemptions Ordinance Codified At Violation
Colton 1/quarter Not in PROW During, onsite Court sales Ord 1483 (1975); 0-3-1989 (1989) Colton Municipal Code Chapter 5.45 Misdemeanor
Grand Terrace 2/yr Not in PROW 2 onsite, unlit, 4ft area, 5 day limit, not on PROW, trees, fences, utility poles, removed at end Court sales, charitable, nonprofit, religious Ord 35 (1980) Grand Terrace Municipal Code Chapter 5.40 Infraction
Highland 3/12 mo Safety 1 onsite doublesided, 6 ft area, 5′ tall, 24 hours before until end. Court sales Ord 239 (1998) Highland Municipal Code section 5.04.370 Infraction
Loma Linda N/A N/A N/A N/A None N/A N/A
Redlands 3/12 mo Not in PROW, safety, only during sale Court sales Prior Code secs 24001-10; Ord 2684 (2007), 2779 (2012), Redlands Municipal Code Chapter 5.68 Infraction
Rialto 4/calendar yr only first weekend in March, June, September and December Not in PROW, front or side yards 2 onsite, 4ft area, 4directional signs, prohibited in PROW, >864 sq in., with permission of property owner. Nonprofits, Ord 1416 (2008) Rialto Municipal Code Chapter 5.69 Infraction; misdemeanor for <3/yr
San Bernardino 12/yr only on 3rd weekend of mo Not in PROW, safety, only during sale 3 onsite unlit 24 hr prior until end; 4 Directional 2 sq ft  on private property w/consent Estate sales as to frequency nonprofits as to frequency Ord MC-1344 (2011) San Bernardino Municipal Code Chapter 8.14 Infraction/misdemanor (woblette)
Yucaipa 4/12 mo Not in PROW 1 onsite, not in PROW Court sales Ord 102 (1992) Yucaipa Municipal Code Chapter 5.22 Infraction
Unincorporated San Bernardino County 4/yr Not in PROW 2 onsite, 4ft area, 4 directional signs, prohibited in PROW, 864 sq in., w/permission of property owner. None Ord. 411 (2007) San Bernardino County Code  Chapter 84.10 Infraction; misdemeanor for >3/yr

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation. BE SURE TO CHECK WITH THE INVOLVED CITIES FOR CURRENT LAW AND FEES.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

Filed under Administrative Citations, Amboy, Angelus Oaks, Arrowhead Suburban Farms, Baker, Baldwin Lake, Big Bear City, Big River, Bloomington, Bluewater, Cadiz, Cedar Glen, China Lake, City Clerk, City of Colton, City of Highland, City of Loma Linda, City of Redlands, City of Rialto, City of San Bernardino, City of Yucaipa, Code Enforcement, County of San Bernardino, Crafton, Crestline, Criminal Code Enforcement, Criminal Law, Daggett, Del Rosa, Del Rosa, Devore, Devore Heights, Earp, Forest Falls, Fort Irwin, Garage Sale / Yard Sale, Goffs, Helendale, Hinkley, Hodge, Johnson Valley, Joshua Tree, Kingston, Kramer Junction, Lake Arrowhead, Land Use, Land Use Law, Landers, Lenwood, Lucerne Valley, Lytle Creek, Mentone, Morongo Valley, Mount Baldy Village, Municipal Code, Municipal Law, Muscoy, Nebo Center, Newberry Springs, Nipton, Oak Glen, Oak Hills, Ordinance, Oro Grande, Phelan, Pinon Hills, Red Mountain, Rice, Rimforest, Running Springs, San Antonio Heights, San Bernardino, San Bernardino County, Searles Valley, Skyforest, Sugarloaf, Trona, Twentynine Palms Base, Twin Peaks, Valley of Enchantment, Wonder Valley, Wrightwood, Yermo Tagged with , , , , , , , ,

Is Devore in the City of San Bernardino? Or, how to find if San Bernardino County land is incorporated or unicorporated?

April 25, 2011 Leave a comment

By Michael Reiter, Attorney at Law

One of the highest keyword requests regarding the search term “San Bernardino” is finding out what geographic locations are included in a particular jurisdiction. One such search is “Is Devore in the City of San Bernardino?”   Why would someone want to know if a particular place is in a certain jurisdiction?  Here are some reasons:

1. The amount of taxes.  Different locations in California can have different sales tax rates.  At this moment, the City of San Bernardino’s sales tax rate is 9%.  The City of Redlands’ rate is 8.75%  Similarly,the amount of transient occupancy tax.  This is sometimes called a “bed” tax, the amount a hotel or motel collects based on the lodging’s nightly rate.   There are often different rates between cities, and between incorporated areas and unincorporated areas.

2. Liability.  If someone tripped and fell on a sidewalk, or hit a pothole, that person would need to know which entity to file a government claim with, and should the claim be rejected, against which entity to sue in court.  Of course, sometimes it does not involve a government entity, and sometimes it involves more than one entity, so knowing where the public property is located is only part of the inquiry.  Government Code section 835 (discussed briefly here) requires ownership or control of the property.  Just because property is within an entity does not mean it belongs to the city or county.  It could belong to private entities or to another public agency, like a school district, a flood control district, a water agency, or a combination of agencies and private ownership.  When I was a Deputy City Attorney for the City of San Bernardino, I had a case where the location, according to conventional maps, was right on the border of the City of Highland and the City of San Bernardino.  When I was the Assistant City Attorney for the City of Redlands, I had a case that involved a City easement on Redlands Unified School District property, adjacent to private agricultural land.

3. Voting.  Obviously, someone cannot vote if they are not with the corporate limits of the municipality.

4. Business Licenses.

5. Which set of local laws apply.  This is important for land use, zoning and code enforcement law.

So, how do we find out if Devore is within the City of San Bernardino or unincorporated County of San Bernardino.   One good way used to be the website of the Local Agency Formation Commission of San Bernardino, commonly abbreviated as LAFCO (and pronounced Laugh Co).  LAFCOs are county-wide organizations governed by the Cortese-Knox-Hertzberg Local Government Act of 2000, found at Government Code section 56000, et seq.  However, LAFCO’s maps are currently unavailable as of this writing.  San Bernardino County LAFCO can tell you the jurisdiction or jurisdictions of a particular place.  An interested party can call them, or if you need a map, make a California Public Records Act request.  If an interested party makes a Public Records Act request, they should ask for a record.  Such as, “a map that shows the jurisdictional boundaries of x location.”  Remember, the California Public Records Act is for records, not for general information.  Agencies do not have to answer questions, though sometimes it is easier to do so and they will do so in lieu of producing a record.

That means that someone can try to find out by looking in the City of San Bernardino’s website, and the County of San Bernardino’s website.   On the City of San Bernardino’s website, we find the Ward map, which shows the current division of the City for each council member.   Devore is generally thought of being where the 215 and the 15 meet.  You can see on the Ward map that location is not in the City of San Bernardino.  If we are to believe Google Maps, which is far from determinative, it shows the shaded northwest border of the City of San Bernardino  a few parcels away from  Devore Road.

What about the County of San Bernardino?  The County has a Geographical Information Services (GIS) component to its Information Services Department.  I know I have used their mapping applications in the past, but they do not appear to be online at this time.

The short answer is, from my experience as a Deputy City Attorney in the San Bernardino City Attorney’s Office, from having gone to public school with people from Devore, and as a matter of common knowledge, Devore is in unincorporated San Bernardino County.

Copyright 2011 Michael Reiter, Attorney at Law

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

 

Filed under City of Redlands, City of San Bernardino, County of San Bernardino, Dangerous Condition of Public Property, Devore, Devore Heights, Interstate 15, Interstate 215, LAFCO, Land Use, Municipal Code, Municipal Law, Personal Injury Law, Real Property Law, San Bernardino, San Bernardino County, Small Business Law, Trip and Fall Tagged with , , , , , , ,