HomeMy WebLinkAbout1981-1323 - Ordinance - 10/08/1981ORDINANCE NO. 1323
AN ORDINANCE AMENDING CHAPTER 4, SECTION 5 OF THE CODE OF ORDINANCES, CITY OF
COLLEGE STATION REGULATING GARAGE SALES.
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 continously and have involved property offered for
sale by persons other than the 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 and such posters detract 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:
THAT CHAPTER 4, SECTION 5 OF THE CODE OF ORDINANCE, CITY OF COLLLEGE STATION SHALL BE
AMENDED AS FOLLOWS.
1.
SECTION 5: GARAGE SALES
A. DEFINITIONS
(1) 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.
(2) "Occupant" shall mean either the owner- occupant of the premises whereon tuch
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.
B. GARAGE SALE REGULATIONS
(1) No sign, directional or otherwise, shall be errected within the city limits,
except on the property of the individual conducting the garage sale.
(2) 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 property 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.
(3) No person shall sell or offer for sale at a garage sale merchandise other
than used and discarded items of personal property.
(4) No garage sale shall be conducted for a period in excess of seventy -two
consecutive hours. 03527
ORDINANCE NO. 1323
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(5) 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 neighbor-
hood.
2.
1` JI
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
3.
If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdic-
tion, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
4.
The violation of any provision of this ordinance shall be deemed a misdemeanor
and the individual deemed guilty of a seperate offense for each day or portion of a
day during which the violation is committed, continued, or permitted, and each
offense under this ordinance is punishable by a fine not to exceed two hundred
dollars ($200.00).
5.
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 the 8th day of October , 1981.
ATTEST:
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enn Schroeder, City Secretary
APPROVED:
Gary Hit r jfoi'✓''" `�