2004L35- GARAGE SALESORDINANCE NO. QV--4-,-U
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS;
REPEALING CHAPTER 10, ARTICLE VII, GARAGE SALES,
SPECIFICALLY ORDINANCES 02 -L -6, 92 -L -11, 91 -L -4 AND 90-
L-24, AND ADDING A NEW CHAPTER 10, ARTICLE VII,
GARAGE SALES; ESTABLISHING A PENALTY; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS,
I.
Chapter 10, Article VII of the Code of Ordinances of the City of Schertz is
hereby repealed, and the following Chapter 10, Article VII is enacted:
II.
"Chapter 10
MISCELLANEOUS OFFENSES AND PROVISIONS
Article VII Garage Sales
Section 10 -100 Definitions
(a) Garage Sale: Shall include but not be limited to garage sales, neighborhood
garage sales, homeowner's association garage sales, charitable organization
garage sales, or any designated individual or organizational yard sales,
auctions, bazaars, estate sale or rummage sales which are conducted for the
sale of new or used merchandise at a location which is not currently zoned
for such sales.
(b) Officially Authorized Garage Sale Sign: A poster board sign, issued by the
City of Schertz, yellow in color with black lettering stating the sign is a City
of Schertz Garage Sale Sign.
(c) Neighborhood Garage Sale: A neighborhood garage sale is one in which
there are more than five (5) homes participating, no active home owner's
association within the particular subdivision exists, and the homeowners
request a single permit for a garage sale held on their individual properties
at the same time and on the same date.
(d) Homeowner's Association Garage Sale: A homeowner's association garage
sale is one in which there is an active homeowner's association within a
subdivision with more than five (5) homes requests a single permit for a
garage sale held on their individual properties at the same time and on the
same date.
(e) Charitable: Includes church groups, school groups and any organization
that has applied for and received IRS nonprofit designation. Each subsidiary
organization or subgroup of any charitable organization, including for
example each auxiliary, club, special committee or any other group
designated by a charitable organization as a subsidiary organization or
subgroup, shall be treated as a separate charitable organization for
purposes of this Chapter.
Section 10 -101 Inspection of Garage Sales
The Building Official, Inspector, Code Enforcement Officer, Health Official or
any Police Officer may be designated by the City Manager and shall have the
power to examine and inspect, from time to time, all garage sales within the
City.
Section 10 -102 Permit Required
(a) A permit issued by the City shall be required for each garage sale (as defined
herein) held within the City limits.
(b) Only officially authorized garage sale permits issued by the City may be used
to operate a garage sale.
Section 10 -103 Application for a Permit
(a) An application for a Garage Sale as defined herein shall be made upon forms
provided by the City.
(b) The application shall contain all information necessary to fully advise the
City of the date(s), location (street address), hours of operation, and any
information requested on the application for permit for any type of Garage
Sale conducted by any individual, group or organization as defined herein.
(c) Only the owner or lessee of the property upon which the garage sale is being
conducted may obtain such permit.
(d) Any individual property owner or occupant who is participating in the
neighborhood garage sale may make an application for a neighborhood
garage sale permit.
(e) Any officer or designated representative who is participating in a
homeowner's association garage sale may make an application for the
association and obtain a homeowner's association garage sale permit.
(f) Before such permit shall be issued, the applicant shall provide proof of
address, by means of driver's license, utility bills or other identification.
Upon verification and compliance with the provisions of this Section and
payment of the proper fees set forth in Exhibit 1, the City shall issue the
applicant a permit for a garage sale.
(g) By making application for such garage sale permit, accepting said permit
and conducting such sale, the owner or lessee of the property to whom the
permit is granted authorizes any official of the City described in Section 10-
10 1 to enter upon the property for the purpose of determining that such sale
is being conducted in accordance with the provisions of this Ordinance, and
to remove any signs not in compliance here with.
Section 10 -104 Permit Cost
(a) Garage sale fees are established in Exhibit 1 of this Chapter.
(b) No person or group shall be exempt from payment of fees.
Section 10 -105 Placement of Garage Sale Signs
(a) Two (2) officially authorized garage sale signs shall be issued with each
garage sale permit. These signs may be placed on any private property with
permission of the property owner. A maximum of two additional officially
authorized garage sale signs per permit may be purchased at a cost
established in Exhibit 1 of this Chapter.
(b) At least one authorized garage sale sign must be posted on site.
(c) It is expressly prohibited for any person, group, or organization to post a
garage sale sign on any public property including but not limited to traffic
control devices, utility poles, and any public right -of -way or easement.
(d) Placement of signs is prohibited in overlay districts established in the
Unified Development Code including, but not limited to, FM 3009 and
Schertz Parkway.
Section 10 -106 Number of Garage Sales Limited
It shall be unlawful for any person, group or organization to hold more than
four (4) garage sales per calendar year.
Section 10 -107 Time Limit for Each Garage Sale
It shall be unlawful for any person, group or organization to hold a garage sale
for a period of time longer than 2 days, operating between the hours of 6:OOam
to 6:OOpm, without a written waiver by the City Manager.
Section 10 -108 Permit Non - Transferable
No permit issued under the provisions of this Chapter shall be transferable, nor
shall a permit holder allow his /her name to be used by any other party for the
purpose of operating a garage sale.
Section 10 -109 Rain Days
A one -time extension of time may be granted for any person, group or
organization in the event that an authorized garage sale was cancelled due to
rain. The request for extension must be in writing and provided to the
Inspection Department within 3 days following the original garage sale date.
Section 10 -110 Penalty
Any person who shall violate any of the provisions of this Chapter shall be
deemed guilty of a class C misdemeanor and upon conviction thereof shall be
punished by a fine not to exceed more than two hundred dollars ($200.00).
Each day any violation of this Chapter shall continue shall constitute a
separate offense."
III.
Section 1: Inconsistent Provisions
All Ordinances and resolutions or parts thereof, which are in conflict or
inconsistent with any provisions of this Ordinance are hereby repealed to the
extent of such conflict, and the provisions of this Ordinance shall be and
remain controlling as to the matters contained herein. Specifically repealed are
Ordinances 02 -L -6, 92 -L -11, 91 -L -4 and 90 -1 -24.
Section 2: Severability
If any provisions of this Ordinance or the application thereof to any person or
circumstance shall be held invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall
nevertheless be valid, and the City Council hereby declares that this Ordinance
would have been enacted without such invalid provision.
Section 3: Effective Date
This Ordinance shall be in full force and effect from and after its final passage
and it is so ordained.
Approved on first reading the *day of �- —72004
PASSED, APPROVED AND ADOPTED the day 004.
of Schertz, Texas
Attest:
ke�-6City cr t , City of ex as
Exhibit 1
Fee Schedule
Individual Garage Sale
$10.00
Homeowner's Association Garage Sale $50.00
Neighborhood Garage Sale
Additional Signs
$50.00
$ 1.00
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
r'_n1., , known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette - Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper time(s) before the return day named therein, such
publications being on the following dates:
C) 0 `i''
and a newspaper copy of which is hereto attached.
C.
Sworn to and subscribed before me this , �I day of
h Jam,. , A.D., 2004.
MMNISM L cUucsoN
® f01 1y N , stay of To=
my ',t)ra ma Feb 25, 20M
AN ORDINANC
AN ORDINANCE
THE CITY COUNCIL
OF THE CITY OF
SCHERTZ, TEXAS;
REPEALING CHAP-
TER 10, ARTICLE VII,
GARAGE SALES,
SPECIFICALLY ORDI-
NANCES 02 -L -6, 92 -L-
11, 91 -L -4 AND 90 -L-
24, AND ADDING A
NEW CHAPTER 19,
ARTICLE VII, GARAGE
SALES; ESTABLISH-
ING A PENALTY; RE-
PEALING CONFLICT-
ING ORDINANCES;
PROVIDING FOR SEV-
ERABILITY; AND ES-
TABLISHING A EF-
FECTIVE DATE.
Approved on first read-
ing the 19th day of Oc-
tober, 2004.
City Secretary,
Norma Althouse
Notary Public, Guadalupe County, Texas
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette - Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper ! time(s) before the return day named therein, such
publications being on the following dates:
/0
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this /0 day of
C)fb-e_,J--e� , A.D., 2004.
m �+ gfty PONE, Mto of Troas
my t4r,.jnjWzm Wn Feh 25, M
ORDINANCE
NO. O4-L45 L
AN ORDINANCE BY
THE CITY COUNCIL
OF THE CITY OF
SCHERTZ, TEXAS;
REPEALING
CHAPTER 10, ARTI-
CLE VII, GARAGE
SALES, SPECIFICAL-
LY ORDINANCES 02-
L-6, 92 -L -11, 91 -L -4
AND 90 -L -24, AND
ADDING A NEW
CHAPTER 19, ARTI-
CLE VII, GARAGE
SALES; ESTABLISH-
ING A PENALTY, RE- .
PEALING CONFLICT-
ING ORDINANCES;
PROVIDING FOR SEV-
ERABILITY; AND ES-
TABLISHING AN EF-
FECTIVE DATE.
PASSED, APPROVED
AND ADOPTED the
2nd day of November
2004
Deputy City Secretary,
Mary Ybarra
Notary Public, Guadalupe County, Texas