3-12-2: PERMITS REQUIRED:

The owner or occupant with a garage, yard, or porch sale, shall obtain a permit from the utility billing department of the city of Alamo, the cost of which shall be ten dollars ($10.00). (Ord. 31-09-13, 9-24-2013)

3-12-3: REQUIREMENTS:

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)

3-12-4: SALE WITHOUT PERMIT PROHIBITED:

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)

3-12-5: SALES IN CERTAIN AREAS PROHIBITED:

Garage sales are prohibited in any area zoned commercial or industrial except when an occupied residence is found to be located in such a non-residentially zoned district. Also, should there be a garage sale permit issued that continuously causes high risk traffic safety concerns and/or probable unsafe pedestrian issues within the residential neighborhood and its surrounding traffic entry/exit patterns, the City Manager, in collaborative assessment with the Police Chief and Fire Chief, shall have the delegated right to deny such garage sale permit applications or to reduce the number of garage sale permits to a particular property with reasonable traffic safety measures imposed this written assertion of the City's inherent Police Power has become necessary in order to safeguard the health, safety, and general welfare of its residents to thus assure the general public of the City's commitment to do so. Furthermore, the garage sale operator has accepted and assumed the responsibility to assure that patrons park their vehicles in a safe and neighborly manner because it is the operators' garage sale event that is inviting patrons to park in their residential area in the first place. Garage sale operators shall alert patrons to not park in 'No Parking' zones, or in front of neighboring lots' driveways; such mis-conduct may always be enforced by the Police Department, of course. Should there be a patron who parks their vehicle in a 'No Parking' zone, for example, then this violation will be held against the owner of the vehicle, and against the garage sale permit holder for acquiescing in the violation. In this latter 'acquiescing' determination, the City of Alamo, through the office of the City Manager, shall revoke the privilege of securing garage sale permits to the subject property for the next three (3) garage sale tenures, which may roll over to the next calendar year because violating traffic safety measures, such as parking in 'No Parking' zones, places entire residential neighborhoods at a higher risk where emergency responding vehicles are impeded to access the actual emergency in a prompt manner. (Ord. 14-04-01, 4-3-2001; amd. Ord. 05-01-22, 1-18-2022; Ord. 83-11-22, 11-1-2022)

3-12-6: USE OF STREET, STREET RIGHT OF WAY OR SIDEWALK AS PLACE OF BUSINESS:

   A.   It is unlawful for any person to use street, street right of way, sidewalk, plaza or other public place within the city as a place of business.

   B.   A person commits an offense if he/she uses any street, sidewalk, plaza or other public place within the city as a place of business as herein prohibited.

   C.   It is unlawful for any person to use street or street right of way within the city to place any type of advertising for the announcement of the sale. (Ord. 14-04-01, 4-3-2001)

3-12-7: PENALTY:

Anyone who violates this chapter shall, upon conviction thereof, be fined in any amount not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) per day. (Ord. 14-04-01, 4-3-2001)