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Editor's note—Ordinance 1638, adopted May 22, 2006, amended art. VI in its entirety to read as herein set out. Former art. VI, §§ 10-63—10-72, pertained to garage sales, and derived from Ordinance 1551, adopted June 28, 2004; Ordinance 1575, adopted Dec. 13, 2004; Ordinance 1594, adopted July 25, 2005.
In order to preserve, enhance and perpetuate the value and residential
character of the city's residential neighborhoods, it is necessary
to regulate garage sales and estate sales. Such regulation will promote
and protect the health, safety, comfort, economic investment and general
welfare of the citizens living in Alamo Heights. Regulation of garage
sales and estate sales shall (a) protect residential areas from encroachment
of commercial uses, (b) protect the aesthetic quality of residential
neighborhoods, and (c) ensure the orderly conduct of garage sales
and estate sales in residential areas.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 2076 adopted 4/24/2017)
As used in this article, the following words and terms shall
have the meanings ascribed to them in this section:
Any organization qualifying as non-profit under Section 501(c)
of the Internal Revenue Code or the Texas Non-profit Corporation Act.
A sale or auction, open or advertised to the public, conducted
from or on a residential premises in any residential zone, for the
purpose of selling, bartering, trading or otherwise disposing of tangible
personal property belonging to a person who resided in the residence
and is recently deceased.
A sale, open or advertised to the public, conducted from
or on a residential premises in any residential zone, for the purpose
of selling, bartering, trading or otherwise disposing of tangible
personal property.
Tangible property 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.
Editor's note—See editor's note to art.
VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 1938 adopted 8/13/2012; Ordinance
2076 adopted 4/24/2017)
Tangible personal property moved from another location to the
sale site for sale at a garage sale or at an estate sale is prohibited.
Tangible personal property moved from another location to the sale
site for a garage sale is prohibited except that multiple neighbors
may consolidate their tangible personal property at a single location.
Tangible personal property purchased for resale or obtained by consignment
shall not be sold at a garage sale or estate sale. These restrictions
shall not apply to sales conducted by churches, charitable or non-profit
organizations at locations other than a residence.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 1938 adopted 8/13/2012; Ordinance
2076 adopted 4/24/2017)
Garage sale and estate sale signs shall be temporary signs and
shall not be exhibited more than two (2) days prior to the sale and
shall be removed immediately after the completion of the sale. Signs
shall be limited to two (2) on-premises signs that do not exceed four
(4) feet square each in surface area. Garage sale signs must be staked
on the private property at which the sale is being conducted (not
closer than five (5) feet to the front or side property lines) and
cannot be attached to utility poles, street light standards or other
public facilities. The person or persons exercising ownership or leasehold
rights over property on which a sale is held or advertised to be held
shall be presumed to have placed and exhibited the sign advertising
the sale.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 2076 adopted 4/24/2017)
It shall be unlawful for any person to operate or participate
in the operation of a garage sale or estate sale without first obtaining
a proper permit from the director of planning and development services.
No garage sale or estate sale permit shall be transferable, nor shall
a permit holder allow his name to be used by any other party for the
purposes of obtaining a garage sale or estate sale permit. An application
for a garage sale or estate sale permit shall be made upon forms provided
by the director of planning and development services. The application
will contain all the information necessary to fully advise the director
of planning and development services of the date(s), location, hours
of operation, date of the last sale held at the residence and any
other information that may be reasonably required by the director
of public works. Only the owner, lessee or agent of the owner or lessee
of the residential property upon which the garage sale or estate sale
is being conducted may obtain such a permit. An applicant for a garage
sale or estate sale permit shall provide proof of address (driver's
license, utility bills or other identification) and any other pertinent
information as may be reasonably required by the director of public
works. Upon verification and compliance with the provisions of this
article, and payment of the proper fee, the applicant will be issued
a permit for a garage sale or estate sale by the director of planning
and development services. By making application for a garage sale
or estate sale permit, accepting such a permit and conducting such
a sale, the owner, lessee or agent of the property to whom the permit
is granted authorizes any officer or employee of the City of Alamo
Heights to enter upon the property for the purpose of determining
that such sale is being conducted in accordance with the provisions
of this article. The Alamo Heights Code Inspector and/or Police Department
has the authority to revoke the estate sale permit if any consignment
or personal property from other locations is offered for sale at an
estate sale. Any permit issued by the director of planning and development
services shall bear the street address of the residence where the
sale will be located, the date(s) and hours when the garage sale or
estate sale will be held and any other information deemed necessary
by the director of planning and development services. The permit shall
be clearly displayed and visible from a distance of six (6) feet from
the curb-line or nearest edge of the paved portion of the street or
right-of-way.
Permits shall be obtained by 12:00 noon of the second calendar
day prior to the start of the garage sale or estate sale in order
to give the city sufficient time to install temporary "No parking"
signs, if needed, on the street(s). Otherwise, the requested permit
shall not be issued by the director of planning and development services.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 1861 adopted 4/12/2010; Ordinance
1938 adopted 8/13/2012; Ordinance 2076 adopted 4/24/2017)
Each residence is allowed two (2) garage sales per calendar
year, each of which shall be in different calendar quarters. Garage
sales shall not commence prior to 8:00 a.m. and shall conclude not
later than 6:00 p.m. on dates authorized by a garage sale permit.
No garage sale shall exceed two (2) days in duration. Garage sales
shall not be held on Sundays.
Each residence is allowed one (1) estate sale per calendar year,
which may be held in any calendar quarter. Estate sales shall not
commence prior to 8:00 a.m. and shall conclude not later than 6:00
p.m. on dates authorized by an estate sale permit. No estate sale
shall exceed three (3) days in duration. Estate sales shall not be
held on Sundays.
The director of public works shall have the authority in unusual circumstances to extend the duration of a garage sale for more than two (2) days or an estate sale for more than three (3) days if the director of public works is satisfied that such extension will be in harmony with the purposes expressed in section 10-63 of this article. If an applicant for an extended garage sale or estate sale permit is dissatisfied with the determination made by the director of public works in response to a request for an extension, a garage sale or estate sale applicant may appeal the decision of the director of public works to the city manager who may under extraordinary and limited circumstances extend the duration of garage sale or estate sale permits.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 2076 adopted 4/24/2017)
Personal property displayed or exhibited at a garage sale or
estate sale shall not be displayed or exhibited closer than five (5)
feet to the front or side property lines of the property where the
garage sale or estate sale is being conducted and shall not be placed
in the public right-of-way.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 2076 adopted 4/24/2017)
Food items shall not be sold under authority of a garage sale
or estate sale permit.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 2076 adopted 4/24/2017)
Church, charitable or non-profit organizations may hold a maximum
of four (4) garage sales per calendar year, provided that the church
or organization (a) does not hold more than one garage sale in the
same calendar quarter, (b) the sale must be conducted on the church
or organization property, (c) a member of the church or organization,
authorized to represent it, must register with the director of public
works, and (d) none of the net earnings of a garage sale shall inure
to an individual. Sales allowed by this section shall conform to those
requirements and limitations for garage sales as set out in this article.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 2076 adopted 4/24/2017)
Any person, corporation or business entity violating any of the provisions of this article shall, upon conviction, be fined as provided in section 1-5 of this Code.
Editor's note—See editor's note to art. VI.
(Ordinance 1638 adopted 5/22/2006; Ordinance 2076 adopted 4/24/2017)
