Loading...
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. 03152 ' 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 i���.1i �• i/.i��� 03153