HomeMy WebLinkAbout1979-1188 - Ordinance - 10/11/1979ORDINANCE NO. 1188
AN ORDINANCE REGULATING GARAGE SALES; LIMITING THE FREQUENCY THEREOF TO ONCE
IN ANY SIX-MONTH PERIOD; RESTRICTING MERCHANDISE SOLD TO DISCARDED PERSONAL
PROPERTY BELONGING TO THE OCCUPANT OF THE PREMISES; PROVIDING FOR SEVERABILITY;
PRESCRIBING A PENALTY; DECLARING THE EFFECTIVE DATE; AND REPEALING ORDINANCE NO. 711.
WHEREAS, in recent years, garage sales have proliferated and the original
purpose thereof has come to be disregarded with the result that such sales have
been conducted almost continuously and have involved property offered for sale
for persons other than such occupant outside the normal channels of the retail
trade, and
WHEREAS, posters advertising garage sales have appeared on various private
and public areas throughout the city that detracts from the appearance of the
city, it is, therefore, in the public interest and welfare that the matter be
made the object of regulation;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
SECTION I:
As used herein, the term "garage sale" sometimes also referred to by such
names as "back yard sale", "yard sale", or "porch sale", shall mean a sale or
an offer for sale of miscellaneous items to the general public, upon residential
property not otherwise being used for commercial purposes. "Occupant" shall mean
either the owner -occupant of the premises whereon such sale is to be conducted,
or the tenant of the owner, provided such tenant is actually residing upon such
premises, and dependent members of the immediate family of such owner, occupant,
or tenant.
(a) No person shall conduct a garage sale within the city limits without
first obtaining a permit from the City Secretary. A fee of $1.50 shall
be charged for the issuance of such permit. The permit shall be
prominently displayed on the premises during the hours of the sale.
(b) No person other than the occupant shall conduct a garage sale. No
occupant shall conduct a garage sale if such a sale has been conducted
by occupant upon the same proeprty or premises within the period of
six months immediately preceding the date of the commencement of the
proposed sale. One exception is a new occupant of a residence who may
conduct such a sale, with any subsequent sale to be at a six-month interval.
(c) No person shall sell or offer for sale at a garage sale merchandise other
than used and discarded items of personal property.
(d) No garage sale shall be conducted for a period in excess of seventy-two
consecutive hours.
(e) The garage sale shall be conducted in such a manner by the occupant so
as not to create a disturbance or become a nuisance in the neighborhood.
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' W_ Ordinance No. 1188 Page 2
SECTION II:
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SFCTTON TTT-
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any Court of compe-
tent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions
thereof.
SFrTTnN TV-
A violation of any of the provisions of this ordinance shall be deemed a
misdemeanor and, upon conviction thereof, the violator shall be subject to a
fine not exceeding twenty-five ($25.00) dollars.
SECTION V:
Ordinance No. 711, regulating garage sales is hereby repealed.
SECTION VT -
This ordinance shall be effective only and after final adoption by the City
Council and its approval by the Mayor of the City of College Station, Texas.
PASSED AND APPROVED this llth day of October lg 79
ATTEST:
CITY SECRETARY
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