HomeMy WebLinkAboutOrd 2002-41 Garage Sales Ord.pdfCITY OF ANNA TEXAS
ORDINANCE NO. 2002-41
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING
REGULATIONS REGARDING THE CONDUCT OF GARAGE SALES;
ESTABLISHING PENALTIES FOR VIOLATIONS; PROVIDNG REPEAL
AND SAVINGS CLAUSES; AND ESTABLISHING AN EFFECTIVE
DATE
Whereas, the unregulated placement of signs advertising garage sales
constitutes a potential nuisance and hazard to pedestrian and vehicular traffic;
and
Whereas, the unregulated conduct of garage sales encourages excessive noise,
pedestrian and vehicular traffic, and general disruption of residential
neighborhoods; and
Whereas, the City Council of the City of Anna has determined that the protection
of the health, safety, and welfare of the citizens and property owners of the city
requires minimum standards and regulations relating to the advertisement and
conduct of garage sales within the city; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
Section 1. Definitions.
As used in this ordinance, unless the context otherwise requires
Calendar year means that period of time from January 1 through December 31 of
any year.
Chief building official means the official appointed by the administration or city
council of the City of Anna, Texas, and charged with the responsibility of
enforcing this article.
Dwelling means any building, or portion thereof, designed or used exclusively for
residential occupancy or which is occupied, controlled or used by any person as
defined in this section.
Garage sale means any sale of goods, wares and merchandise in or on any
dwelling or private residential premises or in or on any commercial premises
other than one zoned therefor and for which a current valid commercial store
license has been issued by the state.
CADocuments and Settings\AII Users\Documents\Anna Mgt\Ordinances-Resolutions\Ordinances\2002\2002-41 Garage
Sales.doc
Page 1 of 4
Person means any person, individually, or any group of persons collectively or
any association organized for benevolent, charitable, religious or cultural
purposes not for business or profit.
Section 2. Signs
A. Location on sale premises.
All signs or notices posted in regard to any garage sale for which a permit is
issued under the provisions of this ordinance shall be posted only on the
premises at which said sale is held and shall be so located as not to
constitute an impairment to or obstruction of traffic.
B. Prohibited locations.
Signs or notices under this ordinance 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.
C. Size, when posted.
Signs or notices under this article shall be posted only for that period of time
covered by the permit and shall not be larger in area than two feet by three
feet.
Section 3. Permit
A. Permit Required.
No garage sale shall be conducted within the corporate limits of the city, as
said boundaries now exist or as said boundaries shall be hereafter altered,
without a permit from the chief building official.
B. Application.
Any person desiring a permit under this article shall make application for such
permit to the chief building official, setting forth the location, time and date of
said sale, the name and address of the person holding said sale and the type
of goods, wares and merchandise to be sold.
C. Fee.
Unless otherwise imposed under the city's fee ordinance, there shall be no
permit fee imposed for garage sales.
CADocuments and SettingsWll Users\Documents�Anna Mgt\Ordinances-Resolutions\Ordinances\2002\2002-41 Garage
Sales.doc
Page 2 of 4
Section 4. Compliance with Fire and Safetv Codes.
No permit shall issue under the terms of this article without full compliance with
all terms and conditions of the fire and safety codes of the state as said fire and
safety codes have been adopted by the city.
Section 5. Number Per Year.
No more than two permits per calendar year shall issue for any one premises or
to any person per calendar year as those terms are defined in this article.
Section 6. 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 ten calendar days.
Section 7 Penalties
Any violation of any of the terms of this ordinance, whether herein denominated
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 two thousand dollars
for each incidence of violation. Each day of the continuance of such violation
shall be considered a separate offense and be punished separately.
Section 8 Repeal Clause
All parts of any ordinance in conflict with the provisions of this ordinance are to
the extent of such conflict hereby repealed.
Section 9 Savings Clause
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.
Section 10 Effective Date
This ordinance shall be effective upon the posting and/or publication of its
caption as required by law and the City Secretary is hereby directed to
implement such posting and/or publication.
CADocuments and SettingsAl Users\Documents\Anna Mgt\Ordinances-Resolutions\Ordinances\2002\2002-41 Garage
Sales.doc
Page 3 of 4
PASSED by the City Council of the City of Anna by the following vote on this the
12th day of November, 2002.
AYE 4
NAY 0
ABSTENTION 0
ATTEST:
APPROVED:
City Secr tary Mayor
CADocuments and Setfings\AII Users0ocurnents\Anna Mgt\Ordinances-Resolutions\Ordinanms\2002\2002-41 Garage
Sales.doc
Page 4 of 4