The following terms used in this article shall be defined as
follows:
Garage sale.
An occasional sale at retail, exchange, or barter to the
general public, within a single-family zoning district, for the purpose
of disposing of surplus personal property. The term includes, but
is not limited to, all sales entitled “garage,” “lawn,”
“yard,” “room,” “estate,” “backyard,”
“patio,” and “rummage.”
Right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
city has an interest. The term does not include the airwaves above
a right-of-way with regard to wireless communications.
Signs.
Signs shall only include those signs issued by the city for
purposes of advertising a garage sale.
(Ordinance 803, sec. 1 (4.301),
adopted 8/6/05; 2004 Code, sec.
4.301)
No person, firm, or corporation shall advertise, operate, or participate in a garage sale within the city limits without first obtaining a garage sale permit. The fee for a garage sale permit shall be as set forth in the fee schedule in appendix
A of this code.
(Ordinance 803, sec. 1 (4.302),
adopted 8/6/05; 2004 Code, sec.
4.302; Ordinance adopting 2021 Code)
The following regulations apply when obtaining [a permit] and
conducting a garage sale:
(1) Garage
sale permits must be obtained in person at city hall, located at 3805
Adam Grubb, Lake Worth, Texas 76135.
(2) Garage
sale permits will be issued by the city manager or his/her designee(s).
(3) A
valid picture ID will be required to obtain a garage sale permit.
(4) Garage
sale permits are issued by property address, not applicant name.
(5) Garage
sale permits shall only be issued for properties that are in a single-family
residential zoning district or properties that are being used for
single-family detached dwellings regardless of the zoning on the property.
(6) Garage
sale permits may be obtained no more than two (2) times per calendar
year on the same premises.
(7) Garage
sale permits must be obtained at least one (1) business day before
the first day of the sale is to occur.
(8) A
garage sale permit shall be valid for up to three (3) consecutive
days.
(9) The
garage sale permit must be posted on the property where sale is to
be conducted and must be displayed in a conspicuous location.
(10) No more than three (3) persons may combine their property for sale
at a single garage sale.
(11) No new personal property, property that is acquired or consigned
for the purpose of resale, or any inventory or stock of goods in trade
may be displayed, offered for sale, exchange, or barter, or sold,
exchanged or bartered.
(12) Garage sale items may be displayed for sale in the following areas:
residential yard including the front or back yard, garage, patio area,
under a carport covering, driveway, or inside a residence in the case
of a sale to dispose of a deceased individual’s personal belongings.
(13) Garage sale items must be placed at least fifteen (15) feet from
the back of the curb and at least five (5) feet from each side property
line.
(14) Garage sale items, including but not limited to items for sale, displays,
tables, racks, tarps, and boxes, must be removed from the sale area
by 8:00 a.m. the day following the last day of the sale. Items are
strictly prohibited from remaining in the sale area or located in
the yard of the property.
(15) Permits shall be issued to charitable, religious, educational, fraternal, governmental, or nonprofit organizations where the property does not meet the qualifications in subsection
(5), only if the following conditions are met:
(A) A maximum of two garage sale permits per year will be issued per
nonprofit organization;
(B) A maximum of two garage sale permits per year will be issued at the
same non-single-family residential location; and
(C) The display area for the garage sale shall not exceed 2,000 square
feet.
(Ordinance 829, sec. 1, adopted 5/9/06; Ordinance 965 adopted 6/14/11; 2004 Code,
sec. 4.303)
The following regulations shall pertain to signage allowed when
a garage sale permit has been issued:
(1) The
city will issue three (3) signs for a “garage sale,” one
yard sign to be posted on the property in a conspicuous location,
and two (2) directional signs to aid the public in locating the sale.
All other signage is strictly prohibited.
(2) Signs
are strictly prohibited from being placed in city rights-of-way or
on utility poles.
(3) The
two (2) directional signs may be placed on private property with permission
from the property owner, to aid the public in locating the sale. The
permission of the property owner must be indicated by the property
owner’s signature on the back of the sign.
(4) All
signage must be posted using a wood or metal stake. All other posting
methods are strictly prohibited.
(5) All
signs may be posted no sooner than twelve (12) hours prior to the
first day of the sale.
(6) All
signs must be removed by 8:00 a.m. on the day following the last day
of the sale.
(Ordinance 803, sec. 1 (4.304),
adopted 8/6/05; 2004 Code, sec.
4.304)
The following regulations shall pertain to the cancellation
of a garage sale:
(1) If
inclement weather occurs on any part of two days of a scheduled sale,
resulting in cancellation, the sale shall not be charged against the
number of sales permitted within one calendar year.
(2) The
applicant shall come in person on the next business day following
cancellation due to inclement weather to reschedule the sale. If the
applicant does not do so, the sale shall be charged to the number
of sales allowed per calendar year.
(3) Garage
sales will only be rescheduled due to inclement weather. No exceptions.
(4) Permit
fees will not be refunded under any circumstances.
(Ordinance 803, sec. 1 (4.305),
adopted 8/6/05; 2004 Code, sec.
4.305)
The following regulations apply to charitable, religious, educational,
fraternal, governmental, or nonprofit organizations:
(1) These organizations may only conduct a garage sale on a property that does not meet the requirements of section
4.05.003(5) if all of the conditions in section
4.05.003(15) are met.
(2) The
organization must present a letter from the property owner authorizing
the organization to conduct a sale on their property to obtain a permit.
The letter must include the organization sponsoring the sale and the
dates the sale is to take place and must be signed by the property
owner.
(3) The
fee for the garage sale permit will be waived for these organizations.
(4) A
garage sale permit sponsored by these organizations will be charged
as a sale against the two (2) sales allowed annually per property
address. The organization shall make the property owner aware of these
conditions.
(Ordinance 829, sec. 2, adopted 5/9/06; Ordinance 965 adopted 6/14/11; 2004 Code,
sec. 4.306)