HomeMy WebLinkAbout1970-0711 - Ordinance - 11/23/1970ORDINANCE NO. 711
AN ORDINANCE REGULATING GARAGE SALES; LIMITING THE FREQUENCY THEREOF
TO ONCE IN ANY SIX-MONTH PERIOD; RESTRICTING MERCHANDISE SOLD TO DIS-
CARDED PERSONAL PROPERTY BELONGING TO THE OCCUPANT OF THE PREMISES;
REQUIRING A LICENSE AND PRESCRIBING A FEE THEREFOR; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
PROVIDING FOR SEVERABILITY; PRESCRIBING A PENALTY AND DECLARING THE
EFFECTIVE DATE.
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
filling out and filing with the City Secretary a form for a permitto do so.
A fee of $1. 50 shall be charged for the issuance of such permit which shall
be prominently displayed on the premises.
(b) No more than two (2) signs shall be posted on any residential property
advertising such sales, and no signs shall exceed a size of 288 square inches.
Posting on other than the property on which the sale is to be conducted is
prohibited.
(c) 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.
Ordinance No. 711
Page 2
(d) No person shall sell or offer for sale at a garage sale merchandise other than
used and discarded items of personal property.
(e) No garage sale shall be conducted for a period in excess of seventy-two con-
secutive hours.
(f) 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.
VS-01 flIIkW)LIMIC
All ordinances and parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
SECTION III:
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 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.
SECTION IV:
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
dollars ($25. 00. )
SECTION V:
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 23rd day of November, 1970.
APPROVED:
Mayor
ATTEST:
eittvVcretary
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PERMIT TO CONDUCT GARAGE SALE
City of College Station, Texas
1. Issued to:
2. Address of residence from which sale is to be conducted:
3. Period of Sale:
From:
(a. m. ) (p. m. )
(Date)
To: (a. m. ) (p. m. )
(Date)
For City of College Station
Date
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(11-27 -70 )
1-14
0.186,9
PERMIT FORM
For
GARAGE SALE PERMIT
CITY OF COLLEGE STATION
College Station, Texas
1. Name of Applicant:
2. Address:
Applicant is (check one) Owner Tenant
of residence in which sale will be held.
3. Occupation:
4. Place of Employment:
5. Date or dates on which sale is to be conducted:
6. Time of day of sale (periods): _
In recognition of the permit to be granted for conducting the garage sale, I am
aware of the stipulations on such sales as set forth in Ordinance No. 711, and will abide
thereto.
(Signature of Applicant)
(Date )
APPROVED:
(11-27-70 )
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