A public sale of public property to the highest bidder. Its
essence is competitive bidding. One who sells at fixed prices is not
conducting an auction sale.
An individual, firm, association, corporation, partnership
or other form of sole or joint enterprise.
Any and all tangible personal property of every kind and
description which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
Includes all general sales, open to the public, conducted
from or on residential premises in any residential zone, as defined
by the zoning ordinance, for the purpose of disposing of personal
property, including but not limited to sales entitled “garage
sale,” “moving sale” and “estate sale.”
This definition shall not include a situation where no more than five
(5) specific items are held out for sale and all advertisement of
such sale specifically names those items to be sold.
An area, premises or zone as defined by the zoning ordinance
and zoning district map of the Town.
The person residing in a residential zoning district in the
Town, as defined by the zoning ordinance of the Town, who holds fee
title to such premises, or a valid lessee or tenant of such premises
who holds the same under a valid rental agreement for the purpose
of maintaining a residence at such location.
(1971 Code, sec. 10-61)
Any person or entity violating any of the provisions of this article shall be deemed guilty of a separate misdemeanor offense for each day or part of a day during which the violation is committed or continued, and upon conviction thereof may be fined as provided in section 1.01.009 of this code.
(1971 Code, sec. 10-62)
It shall be unlawful for an individual to sell or offer for
sale from his or her residence, under authority granted by this article,
property other than personal property.
(1971 Code, sec. 10-63)
No more than two (2) personal property sales shall be conducted
at a residence, in a residential zone district, during any calendar
year. In the event that members of more than one (1) residence join
in a property sale at one (1) residence, then each such resident shall
be considered for the purposes of this article to have conducted a
personal property sale at their respective residence during that calendar
year.
(1971 Code, sec. 10-64)
Personal property sales shall be limited in time to the hours
between 8:00 a.m. and 5:00 p.m. of two (2) consecutive days.
(1971 Code, sec. 10-65)
Personal property offered for sale may be displayed within the
residence, in a garage or carport, and in a side or rear yard, but
only in such areas. No personal property offered for sale in a residential
zoning district shall be displayed in the front areas of any such
premises or in any public right-of-way. However, a vehicle offered
for sale may be displayed on a permanently constructed driveway within
such front or side yards.
(1971 Code, sec. 10-66)
(a)
One sign permitted.
Only the following specified sign
may be displayed in relation to a pending personal property sale:
A resident owner may post a sign of not more than three (3) square
feet in size on his or her premises during the sale hours, advertising
the sale of such personal property. A person commits an offense if
he or she displays a sign advertising the sale of such personal property
except as specifically provided in the preceding sentence. The existence
of a sign not in conformance with the provisions of this subsection
shall be prima facie evidence that the resident owner has violated
the provisions of this subsection. Any other signs at any locations
remote from the sale property are not permitted.
(b)
Time limitation.
No sign shall be exhibited except during
the hours and on the days of the sale.
(1971 Code, sec. 10-67)
The owner or tenant of the premises on which such sale or activity
is conducted shall be jointly and severally responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such individual shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on all roads or streets in the area of such premises. All
such individuals shall obey the reasonable orders of any member of
the Town Department of Public Safety or its duly authorized representative
in order to maintain the public health, safety and welfare.
(1971 Code, sec. 10-68)
All parking of vehicles shall be conducted in compliance with
all applicable laws and ordinances. Further, the Town Department of
Public Safety may enforce temporary controls to alleviate any special
hazards and/or congestion created by any personal property sale in
a residential zoned district of the Town.
(1971 Code, sec. 10-69)
(a)
No
public auctions are permitted at any premises located in a residential
zoned district of the Town.
(b)
This
section shall not apply when the Town Council orders that the Town
conduct a public auction, pursuant to Local Government Code, section
253.008, as amended, and said auction is to take place at premises
located in a residential zoned district of the Town.
(1971 Code, sec. 10-70)
A Town Department of Public Safety Officer or any other official
designated by any Town ordinance shall have the right of entry to
any premises showing evidence of a personal property sale for the
purpose of enforcement or inspection.
(1971 Code, sec. 10-71)
The provisions of this article shall not apply to or affect
the following:
(1)
Persons
selling goods pursuant to an order or process of a court of competent
jurisdiction.
(2)
Persons
acting in accordance with their powers and duties as public officials.
(3)
Any
sale conducted by any merchant or mercantile or other business establishment
from or at a place of business wherein such sale would be permitted
by the zoning regulations of the Town.
(1971 Code, sec. 10-72)
