HomeMy WebLinkAboutOrd 491-2010 Amending Requirement for a Permit for a Garage Sale.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 491-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 10, SECTION 1.02-1.07;
REMOVING THE REQUIREMENT FOR A PERMIT FOR A GARAGE SALE;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAP1'ION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing garage sales; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part II, Article 10, Section 1.02-1.07 of The Anna City Code of Ordinances ("Anna
Code") by removing the requirement for a permit for a garage sale];
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of Anna, the following amendment is
made to Part II, Article 10, Section 1.02-1.07:
1.02 Signs
(a) Locations
(1) Temporary Garage Sale directional signs located off the premises being
advertised may not be located in street medians, obstruct vision of traffic or
pedestrians. Signs may be utilized only from Friday at 6:00 a.m. until the
following Monday at 6:00 a.m. The signs must be removed prior to 6:00 a.m.
Mondays.
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(2) All signs or notices posted in regard to any Garage Sale for • ...Jhioh a permit is
issued under the provisions of this section shall be so located as not to
constitute an impairment to or obstruction of traffic anywhere in the City.
(b) Prohibited locations
(3) Signs or notices under this section of the Code shall in no event be affixed to or
located upon any public property, right-of-way or easement, utility pole,
sidewalk, or other public way.
(4) Signs or notices under this section of the Code shall be posted only for that
period of time ooYered by the permit allowed and shall not be larger in area
than two feet by three feet.
1.03 Permit
Permit required
No Garage Sale shall be oonduGted ',uRhin the ooFporate limits of the City, as said
boundaries noo ... 9*ist or as said boundaries shall be hereafter altered, without a
permit from the Chief 8uilding Offioial.
Section 3.AppliGation
Any Person desiring a permit under this seGlion of the Gode shall make
applioation for suoh permit to the Chief 8uilding Offioial, setting forth the 10Gation,
time and date of said sale, the name and address of the Person holding said sale
and the type of goods, 'Nares and merohandise to be sold.
1. 04 Cemplianee with Fire and Safety Cedes
No permit shall be issued under the terms of this seGlion of the Code without full
oomplianoe with aU terms and oonditions of the fire and safety Codes of the stato as
said fire and safet}· Codes ha~ been adopted by the City.
4M 1.03 Number Per Year
No more than four permits garage sales per Calendar Year shall be issued allowed for
anyone premise or to any Person per Calendar Year as those terms are defined in
this section.
4.011.04 Duration
No Garage Sale shall extend for any period of time exceeding two consecutive
weekends or in any event for any period in excess of 10 calendar days.
4J).1 1.05 Penalties
Any violation of any of the terms of this section of the Code, whether herein
denominated as unlawful or not, shall be deemed a misdemeanor. Any Person
convicted of such violation shall be fined in an amount not to exceed $2,000 for each
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incidence of violation, unless otherwise specifically set forth in this Code. Each day of
the continuance of such violation shall be considered a separate offense and be
punished separately.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 23rd day of March, 2010.
ATTESTED:
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