A 'garage sale' is defined to mean a sale of personal property, merchandise from any residential zoning district or any residence located in a non-residential zoning district within the city. Personal property shall mean any 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. Merchandise, new or seemingly new, acquired for the intent to re-sell it at a garage sale or obtained by consignment for sale at a garage sale, is prohibited. Any operator of a garage sale who is found violating this basic provision as just described, as a first infraction, shall be subject to having their garage sale permit immediately revoked; and if the garage sale is not shut down, a police officer may issue a citation for having an unauthorized garage sale without a valid permit. Furthermore, should there be a second infraction for the same violation (as described above) within the next continuous twelve months following the first infraction, then the privilege to secure future garage sale permits shall be suspended for the next three (3) garage sale permit tenures, which may roll over to a subsequent calendar year. (Ord. 14-04-01, 4-3-2001; amd. Ord. 05-01-22, 1-18-2022; Ord. 83-11-22, 11-1-2022)
The owner of the property or occupant of a property who is granted a garage, yard, or porch sale permit shall abide by the following conditions:
A. For any one location, garage sales shall be limited to six (6) permits per calendar year. There shall be a minimum interval time gap of 60 calendar days between such permits from being validly issued.
B. A permit will be issued to cover a period of no more than three (3) consecutive days regardless of weather conditions, or other circumstances that may inhibit the 3-day tenure.
C. The hours of operation shall not commence before seven thirty o'clock (7:30 A.M. nor extend beyond six o'clock (6:00) P.M.
D. No alcoholic beverages shall be sold at or during any garage sale. There shall be no sale of prepared food items either such as burgers, tacos, etc.
E. A garage sale permit shall be nontransferable and shall be valid only for the dates specified on the permit.
F. A garage sale permit shall be displayed in a conspicuous and highly visible place for the entire duration of the sale; and,
G. If due to inclement weather or other validated matter beyond the applicants' control, he/she asserts that the garage sale cannot be held on the permit's scheduled days, the applicant may request within forty eight (48) hours of the first permitted day, a replacement permit for other scheduled dates or a permit-fee refund from the City of Alamo. Upon verification of circumstances, the City of Alamo will void the previously issued garage sale permit and may issue a replacement permit for other dates (or a refund if so requested). Should a replacement permit be issued, it shall not be counted against the limit in Section 3-12-3 (A). (Ord. 14-04-01, 4-3-2001; amd. Ord. 05-01-22, 1-18-2022; Ord. 26-04-23, 4-18-2023)
It shall be unlawful for the owner or occupant of such premises to conduct thereon a garage sale without having first obtained such permit. It is expressly declared that should there be repetitive violations by particular owner(s)/occupant(s), that their privileges to secure additional garage sale permits for that calendar year may be forfeited due to the self-inflicted abuse against the City's codes; such a permit boycott shall be made by the collaborative assessment between the City's Planning Director, the City's Code Enforcement Officer, and the City Manager. (Ord. 14-04-01, 4-3-2001; amd. Ord. 05-01-22, 1-18-2022)
Loading...