Ordinance No. 10,840OI21DINANCE NO. 10,840
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS. AMENDING
CHAPTER 82 "SECONDHAND GOODS" OF THE CODE OF ORDINANCES,
CITY OF BAVTOWN. TEXAS, BY ADDING AN ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE IV "CiAR_NGE SALES" TO
REQUIRE PERIMITS FOR CONDUCTING GARAGE SALES WI'T'HIN THE
CITY_ PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
NO/ 100 DOLLARS (S500.00): PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWNT-
TEXAS:
Section 1: That Chapter 82 - Secondhand Cioods- of the Code of Ordinances, City of
Baytown, Texan, is hereby amended by adding an article to be numbered and entitled Article IV
"Garage Sales_" which said article reads as follo %vs:
CHAPTER 82. SECONOI -LAND GOODS
ARTICLE_ IN'. GARAGE SALES
See. 82 -201_ Definitions.
The following words_ terns and phrases, when used in this article_ shall have the
meanings ascribed to them in this article. except when the context clearly indicates a different
meaning:
- 4.rlve.--ti_se means to seek to attract or direct the attention of the public to and including, but not
limited to, goods, activities, information or messages.
Gai-aj c sale means the offering for sale of personal or household property belonging to or in the
possession of the person conducting the sale_ The term includes all sales entitled "garage sale."
"lawn sale," --attic sale," "rummage sale." "flea market sale," or any similar casual sale of
tangible personal property which is advertised by any means whereby the public at large is or can
be made aware of said sale.
Sec_ 82 -202. Permits.
(a) Gurcrge sale permit.
( I) It shrill be unlawful for any person to conduct a garage sale in the city without
First filing with the inspections division the information specified in subsection
82- 203(x) of this section and obtaining from the inspections division a permit to
do so. to be known as a "Garage Sale Permit."
(2) The fee for such permit shall be $5.00.
(3) Such permit shall be issued to any one person or location only once `vithin a six -
month period and such pen-nit shall be issued for either
a. three consecutive calendar days, or
b. two calendar days within an eight -day period.
(4) Each permit issued under this section must be prominently displayed on the
premises upon which the garage sale is conducted throughout the entire period of
the permitted sale.
(b) Garage sale sign perinit.
(1) It shall be unlawful to erect signs advertising a garage sale on any premises other
than the location of the garage sale without having first obtained a garage sale
sign permit.
(2) Application for such sign permit shall be made to the sign administrator. and a
permit fee of 55.00 shall be paid.
(3) No such permit shall be issued unless there is deposited with the city the sum of
S25.00, which sum shall be returned to the applicant if the applicant causes all
such signs, posters or advertisements to be removed within the time prescribed by
this section. If a permit holder does not cause the removal of the signs. posters or
advertisements within the time specified by this section. then the $25.00 deposit
shall be forfeited to the city.
(-l) A maximum of seven signs shall be allowed, and no such sign. poster or
advertisement shall be permitted to remain in a public place for a period longer
than four days. Signs may be erected one day before the date of the permitted
Nale and must be removed on the last day of the permitted sale.
(5) in addition to the requirements specified in this article, garage sale signs, which
may be located within the rights -of -way along city streets, must comply with all
of the requirements of section 118-138. except for the length of time for which a
sign may be displayed. which shall be governed by this section.
(6) Each sign shall have prominently displayed thereon information from the garage
sale sign permit, including, but not limited to the permit number, the term of the
permit and the sign number.
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Sec. 82 -203. .-applications.
(a) Garage sale permit application. The information to be tiled with the inspections division
by an applicant for a garage sale permit shall include the following:
(1) name of person conducting the garage sale;
(2) name of owner of the property on which the garage sale is to be conducted and
consent of owner if applicant is other than the owner:
(3) location at which the garage sale is to be conducted;
(4) number of days of the garage sale;
(5) date of the proposed garage sale:
(G) date, location and nature of any garage sale participated in or conducted by the
applicant or held on the proposed premises during the past 12 -month period;
(7) relationship or connection the applicant may have had with any other person
conducting a garage sale during the past 12 -month period and the location and
date or dates of such sale;
(8) whether or not applicant has been issued any other vendor's license by any local,
state or federal agency:
(9) an affirmative statement that the property to be sold at the garage sale is personal
property owned by the applicant. was neither acquired nor consigned for the
Purpose of resale, and is not from an inventory or stock of goods in trade: and
(10) a sworn statement or affirmation by the applicant that the information provided in
the application is true and correct.
(b) Garage sale sign permit application. The information to be filed with the inspections
division by an applicant for a garage sale sign permit shall include, at a minimum. the followin,:
( I ) the garage sale permit number:
(2) the number of signs proposed to be placed: and
(3) the location of the proposed signs.
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Sec. 82 -204. Persons and sales excepted.
(a) The provisions of this ordinance shall not apply to or affect the following persons or
sales:
(1) persons selling personal property or 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 person selling or advertising for sale an item or items of personal property
which are specifically named or described in the advertisement and which do not
exceed five in number; or
(4) persons conducting a garage sale on property. which is
a. used for commercial purposes and not located in an neighborhood
conservation zoning district: or
b. located in a mixed use. light industry or heavy industry zoning district and is
not used for residential purposes.
(b) If a garage sale is not held on the dates for which the permit is issued or is terminated
during the first day of the sale because of inclement weather conditions, and an affidavit
by the permit holder to this effect is submitted to the sign administrator, the City may, but
shall not be required to, issue another permit to the applicant for a garage sale to be
conducted at the same location within 30 days from the date when the first sale was to be
held. No additional permit fee shall be required.
Sec. 82 -205. Revocation and refusal of permit.
(a) Any permit issued under this section may be revoked or any application for issuance of a
permit may be refused by the city if the application submitted by the applicant or permit
holder contains any false. fraudulent or misleading statement.
(b) If any individual is convicted of an offense under this section, the City may cancel any
existing garage sale permit held by the individual convicted and shall not thereafter issue
to such individual another garage sale permit for a period of one year.
Sec. 82 -206. Unlawful sales.
It shall be unlawful for any individual to sell or offer for sale, under authority granted by
this article, property from an inventory or stock in trade or goods on consignment, or property
other than goods as described in section 82 -201.
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Any 1wrmn violling thk WM SM U110n con, icikmi he Inudshad as Imovided in secrion
I - V?
S 1 2 'Any pewn "to Fails to ca=mp l.y xifli any provuskn of idds oiJAwnce Amll
1t,Udt ,' I an
01' 't H1iSde11R.,'affiW , -d, tqxm conv0don, spa H be riunished [�y as fine not
f41 )NDRI-J) ANL) NO/10t) INALLARS (S5(9)A)Oy Each act of violafion aau d eawh day
upon m1kh am sLwh % Mahon occur •haH comnAhae a sqmn"c Mmw. In adlhon R) Wn
per,dty prescrii)cd abom We chy ing, pume mher reawdWs such as abatemem of mikances,
hymchve whek admAdmindve aoudwatkin and wonalon or lkwNes or povWs.
Section 3: All amain ariccs or ports of onlinances inconvistunt vdlh the lerms of' dik",
w1diance are hcrchy rcpealed provided, however that such repeal Shari N., ord.y to the cxcnt of
inckmisim,,mcv und in 0 wher wspecis this Mlinance shAI he cunuda6ve of odicr
(Wdin'.'mces and governing the mullect maner covural by &A orTnance.
SC,,I:h()11 4: rf"ny 1woviMm section excepion subsechon. imagraldi sk nkme,
Cfousu : �-)t- phra�,,e of (his ordinance or Ow application of same [c) any person or the set of
Q any rumon be hAd unconstbKonul, voki w invalid, such invaWy MH
not ankir the &Wiq, of the prim, immmons of INS Ordinance Or their applicatioll taa other
111"-, HS cat" sct of Munigances and a) thk end Al prowkkm or His Whance are deeNred to W
sm endwe, •Thi,,; orohnanco ,dUll take &W From arRI Aler ten (HY) days Som As
Insmyc by V Chy QundL The (Ay Omt is hmvby dhwed cc) gNe natke hovoF by cvujng,,
i he calmion or this ordinmwe to be pukhAiml in the oficial newspaper or the City cW Bay tow at
Vaq hKe wdhkn Im ( 10) da3m; after yxis ,rap e of this tynhitance.
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Qtv oV Slow% v ths Me 280 day or FC'b1TKfl-',V, 200K
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