Ordinance No. 11,183ORDINANCE NO. 1 1 _ 183
AN ORDINANCE OF THE CITY OF BAYTOVI N_ TEXAS_ AMENDING
CHAPTER 82 "SECONDHAND GOODS_" ARTICLE IV "GARAGE SALES,"
SECTIONS 82 -201 -DEFINITIONS" 82 -202 "PFRMITS_ "" 82 - 203
"APPLICATIONS_'" AND 82 -204 "PERSONS AND SALES EXCEPTED" OF
TI -IE CODE OF ORDINANCES__ CITY OF BAYTOWN, TEXAS, BY TO
REVISE THE DEFINTION OF "GARAGE SALES_" TO COMBINI3 "Tf -lE
GARAGE SALE PERN4IT AND THE GARAGE SALE SIGN PERMI "T, TO
INCREASE "THE FEE FOR A GARAGE SALE PERMIT_ "1'0 RFIQUIRE
GARAGE SALE PERMITS FOR SALES CONDUCTED ON COMMERCIAL
PROPERTY IN A U -N ZONING DISTRICT, AND TO INCLUDE
NOTIFICATION REQUIREMENTS IF A SALE IS NOT CONDUCTED ON
THE DATES FOR WHICH THE PERIti11T WAS ISSUED: PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS
($500.00): PROVIDING A REPEALING CLAUSE: CONTAINING A
SAVINGS CLAUSE: AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DA"1-E THEIZEOF_
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTO�'VN,
TEXAS:
Section 1: That Chapter 82 `Secondhand Goods.— Article IV "Garage Sales_-
Section 82 -201 "Definitions" of the Code of Ordinances, City of Baytown, "I'exas_ is hereby
amended to revise the definition of `'garage sate," which shall read as follows:
CIIA1'TER 82. SEC�I\'DHAND GO011S
ARTICLE IV. GARAGE SALES
Sec. 82-201. Definitions.
The following words, terms 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.
CJc.j-crge stile means the offering for sale of personal or household property belonging to
or in the possession of the person conductin_s the sale_ The teen includes all sales entitled "garage
sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "moving sale," "estate 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.
Section 2: That Chapter 82 "Secondhand Goods," Article IV "Garage Sales,"
Section 82 -202 `Permits of the Code of Ordinances_ City of Baytown, Texas_ is hereby amended
to read as follows:
CHAPTER 82. SECONDHAND GOODS
ARTICLE 1V. GARAGE SALES
Sec. 82 -202. Garage sale permits; garage sale signs.
(a) Garage sale permit.
(1) It shall be unlawful for any person to conduct a garage sale in the city without
first filing with the planning and development services department the
information specified in subsection 82- 203(a) of this article and obtaining a
permit to do so. to be known as a "garage sale permit."
(2) The fee for a garage sale permit shall be $10.00.
(3) A garage sale permit shall be issued to any one person or location only once
within a six -month period and such permit shall be issued for either
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.
(5) A person who has been issued a garage sale permit shall be allowed to erect a
maximum of seven signs advertising the garage sale; provided that each such
sign meets the requirements specified in subsection (b) of this section.
(b) Garage sale sigms.
(1) No garage sale sip 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 sale and must be removed on the last day of the permitted sale.
(2) 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.
(3) 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.
Section 3: That Chapter 82 "Secondhand Goods." Article IV "Garage Sales,"
Section 82 -203 "Applications" of the Code of Ordinances, City of Baytown, Texas. is hereby
amended to read as follows:
CHAPTER 82. SECONDHAND GOODS
ARTICLE IV. GARAGE SALES
Sec. 82 -203. Applications.
(a) Garage sale permit application. A person desiring to acquire a garage sale permit shall
apply on a form supplied by the Planning and Development Services Department. The
garage sale permit application shall, at a minimum. contain the following:
(1) Name of each person conducting the garage sale;
(2) Name of owner of each property on which the garage sale is to be conducted and
consent of owner if applicant is other than the owner;
(3) Location(s) at which the garage sale is to be conducted;
(4) Number of days of the garage sale;
(5) Date of the proposed garage sale:
(6) Date, location and nature of any garage sale participated in or conducted by each
person named in subsection (a)(1) of this section or held on the proposed
premises listed in subsection (a)(3) of this section during the past 12 -month
period;
(7) The number of signs proposed to be placed;
(8) The location of each proposed garage sale sign by either address or location
shown on a map drawn to scale.
(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) One garage sale permit may cover multiple locations if all such locations are within the
same subdivision and is organized by a homeowners' association or other similar entity.
Section 4: That Chapter 82 "Secondhand Goods," Article IV "Garage Sales.'
Section 82 -204 "Persons and sales excepted" of the Code of Ordinances. City of Baytown. Texas,
is hereby amended to read as follows:
CHAPTER 82. SECONDHAND GOODS
ARTICLE IV. GARAGE SALES
3
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 propem, 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 a neighborhood
conservation zoning district; or
(b) Used for commercial purposes and not located in an urban neighborhood
zoning district; or,
(c) Located in a mixed use, light industry or heav-v 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 the permit
holder desires to hold the permitted sale on an alternative date, then the permit holder
shall submit an affidavit within five days of the first day of the scheduled sale to this
effect to the planning and development services department. and 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.
Section 5: Any person who fails to comply with any provision of this ordinance
shall be guilty of a misdemeanor and. upon conviction. sliall be punished by a tine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($00.00). Each act of violation and each day upon
which any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above. the city may pursue other remedies such as abatement of nuisances. injunctive
relief. administrative adjudication and revocation of licenses or permits.
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed: provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 7: If anv provision, section, exception, subsection, paragraph, sentence.
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances. shall for any reason be held unconstitutional, void or invalid. such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 8: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The Interim City Clerk is hereby directed to give notice hereof by
causing the caption of this ordinance to be published in the official newspaper of the City of
Baytown at least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ. and PASSED by the affirmati te of the City Council of the
Citv of Bavto\\n. this the 10t1i day of September, 2009.
S Pl?Et+,fI. DONCARLOS /Mayor
ATTEST:
A, &�' 4,
LETICIA GAR A. I teri City Clerk
O��PYTO��S
APPROVED AS TO FORM: t
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