Ord. 0842 04-27-98ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO ENHANCE THE PUBLIC SAFETY OF THE CITY OF
PEARLAND BY MAINTAINING A PUBLIC RECORD OF ALL INDIVIDUAL
GARAGE SALES, AND TO CONTROL THE PROLIFERATION OF GARAGE
SALES AND SIGNAGE ASSOCIATED WITH SAID SALES TO REDUCE
THE RISK OF TRAFFIC CONGESTION ON CITY STREETS; PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICA-
TION, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Council of Pearland desires to enhance the public safety
of the City of Pearland by maintaining a public record of all individuals conducting
garage sales within the City limits; and
WHEREAS, the proliferation of garage sales and signage associated with said
sales constitutes a risk of traffic congestion on City streets within neighborhoods;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The Code of Ordinances of the City of Pearland, Texas, is hereby
amended to create a new chapter entitled "Garage Sales" as set out in Exhibit "A"
attached to this Ordinance and incorporated herein by reference for all purposes.
Section 2. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
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ORDINANCE NO. 842
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 5. Penalty. Any person, firm or corporation who shall violate or fail
to comply with the requirements of any provisions of the Code herein adopted shall
be deemed guilty of a misdemeanor, and shall, upon conviction by a court of
competent jurisdiction, be punished as provided in Section 7 of Exhibit "A" attached
hereto.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective July 1, 1998 in accordance with Exhibit "A" attached hereto.
PASSED and APPROVED on First Reading this the 13 th day of
April , A. D., 1998.
TOM REID
MAYOR
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ORDINANCE NO. 842
ATTEST:
./If mot., AIM "A
• iNG L 'iii r
Y SE' RETARY /
PASSED and APPROVED on Second and Final Reading this the 27th day of
Apri1
ATTEST:
, A. D., 1998.
APPROVED AS TO FORM:
ARCL
DARRIN M. COKER
INTERIM CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
APRIL 27, 1998)
Voting "Aye" - Councilmembers Cole, Berger,
Beckman, Tetens, and Wilkins.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: APRIL 29, 1998
EFFECTIVE DATE: MAY 9, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
EXHIBIT "A"
GARAGE SALES
Section 1. Purpose and Intent. It is the purpose of this ordinance to enhance the
public safety of the City of Pearland by maintaining a public record of all individuals
conducting garage sales, and to control the proliferation of garage sales and signage
associated with said sales to reduce the risk of traffic congestion on City streets.
Section 2. Definitions.
(1) ADVERTISING - to seek to attract or direct the attention of the public to
any goods, services or merchandise.
(2) APPROVED SIGNS - only those signs issued by the City of Pearland
during the permitting process for specific garage sales.
(3) CONTINUOUS SALES - those sales conducted by the owner or occupant
of property in the residential zoned districts in the City where the public
is invited by advertising of any type or in any manner for the purpose of
purchasing goods, wares, and merchandise, more than three (3) times
per calendar year held within four (4) months of each other. See
prohibited activities.
(4) GARAGE SALES - any type of activity related to the display of
merchandise, at a location used as a primary residence, either by a
resident or several residents for the purpose of sale or resale to the
general public. This term shall also include yard sales, neighborhood
sales, or any other similar activity.
(5) OCCASIONAL SALES - the display of merchandise for sale or resale not
to exceed three (3) per calendar year and not more than one (1) per
quarter.
(6) SIGN - any outdoor display, design, or other representation which shall
be constructed, placed, attached, or fastened in any manner whatsoever
so that the same shall be used for advertising.
Section 3. Procedures.
(1) Effective July 1, 1998, no person shall have a garage sale within the
incorporated City limits of Pearland without first obtaining a permit therefor.
(2) Each residence shall be allowed two (2) garage sales or occasional sales
per calendar year and not more than one (1) per quarter. Each event shall be for a
duration not to exceed three (3) con•secutive days.
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(3) Each resident shall be required to apply for a garage sale permit for each
event. All applications must be received not later than three (3) days prior to the
event, by the City of Pearland Permits Department.
(4) Each residence shall be allowed three (3) signs per event. Signs will be
provided by the City of Pearland during the application process and only such signs
may be used to advertise a garage sale.
(5) Multiple -family events will be limited to no more than three (3) families
and one additional sign will be provided for each family up to a total of five (5) signs.
(6) All fees shall be paid prior to the issuance of the permit.
Section 4. Prohibition.
Continuous sales of used or new merchandise at locations used as primary residences
are prohibited.
Section 5. Fees.
A fee of Fifteen Dollars ($1 5.00) shall be assessed for each individual event. One
event shall be considered to mean a single location with either one or multiple
participants.
Section 6. Sign Display.
All signs shall be displayed in an appropriate manner. No signage shall be allowed in
public rights -of -way, attached to utility poles, trees, public buildings, or any
street/traffic control signs. Signs shall be displayed no earlier than 5:00 a.m. on the
first day of the event and must be removed by 8:00 p.m. on the final day of the event.
Section 7. Penalties.
Any person failing to comply with this ordinance shall be guilty of a Class C
misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed
Two Hundred Dollars ($200.00) for each violation. Each day such violation continues
shall constitute a separate offense.
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