The sale of tangible personal property or used or unwanted
household items that is held in the garage, driveway or yard of the
seller’s residence. The term “garage sale” includes
the terms “yard sale,” “estate sale,” “occasional
sale,” and similar terms, as long as such occur on residential
property.
(Ordinance 796-2020 adopted 9/17/20)
A permit shall be required to hold or have a garage sale. The
permit may be issued to the owner or tenant of the residence. Upon
approval of a permit by the city, the applicant shall receive an assigned
permit number.
(Ordinance 823-2021 adopted 9/16/21)
If any person is cited for violation of this article two or
more times during any twelve-month period, the city may refuse to
issue that individual a permit to hold a garage sale any time during
the subsequent twelve-month period. In the event a permit is denied,
the city shall provide the applicant with the reason for the denial
of the permit.
(Ordinance 823-2021 adopted 9/16/21)
The number of garage sales on a property shall not exceed two
(2) during any calendar year period from January 1st to December 31st.
The duration of each sale shall not exceed three (3) consecutive calendar
days.
(Ordinance 796-2020 adopted 9/17/20)
Tangible personal property shall be sold only on the premises
of the owner or tenant of the residential property where the sale
is conducted. Said owner or tenant must be the legal owner of such
tangible personal property at the time of such sale. The items for
sale shall be confined to the garage, porch, patio or yard on the
premises of the residence. No new merchandise, i.e., merchandise acquired
solely for the purpose of resale, shall be sold at a garage sale.
(Ordinance 796-2020 adopted 9/17/20)
If a property owner or tenant has purchased a garage sale permit,
and the majority of the scheduled dates for the sale are affected
by rain or other inclement weather, as determined by city staff, a
rain-out permit may be issued at no cost provided the property owner
or tenant returns the sign originally issued as the permit. The new
permit must be issued within thirty (30) days of the date of the original
permit. If the permit was issued for two (2) or three (3) days and
the rain or inclement weather affects only one (1) day during the
permit period, a rain-out permit shall not be issued.
(Ordinance 796-2020 adopted 9/17/20)
In the event of multiple garage sales in one community, i.e.,
a subdivision, each property participating in the event shall be required
to obtain a permit.
(Ordinance 796-2020 adopted 9/17/20)
(a)
On-premises sign.
No more than one (1) sign shall be posted on the property where the garage sale is to be conducted. The sign shall be posted in a location visible from the street, subject to subsection (c) of this section, and the assigned permit number from the city shall be included on the sign. No other garage sale signs shall be permitted.
(b)
Off-premises signs.
Off-premises signs shall not be
permitted.
(c)
Sign locations.
(1)
A sign shall be placed at least ten feet (10') from the back of curb
or edge of street pavement.
(2)
A sign shall not be placed on utility poles, street sign poles, or
other fixed objects in city or state rights-of-way.
(3)
A sign shall not be placed within a street median or a visibility
triangle.
(d)
Removal of sign.
A sign shall not be posted more than
twenty-four (24) hours prior to the beginning of the sale. The sign
advertising a garage sale shall be removed by the permittee not later
than twenty-four (24) hours following the expiration of the permit.
(Ordinance 823-2021 adopted 9/16/21)
Any person, firm, association of persons, company, corporation,
or their agents, servants, or employees violating or failing to comply
with any of the provisions of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than five hundred dollars
($500.00), and each day any violation of noncompliance continues shall
constitute a separate and distinct offense. The penalty provided herein
shall be cumulative of other remedies provided by state law, and the
power of injunction as provided by V.T.C.A. Local Government Code
54.012 and as may be amended, may be exercised in enforcing this article
whether or not there has been a complaint filed.
(Ordinance 796-2020 adopted 9/17/20)
