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HomeMy WebLinkAbout384 11-24-1970ORDINANCE NO. 384 AN ORDINANCE PROVIDING FOR OCCASIONAL SALES COMMONLY KNOWN AS "GARAGE SALES" TO BE PER- MITTED IN CERTAIN SPECIFIED ZONING DISTRICTS WITHIN THE CITY OF EULESS; DEFINING OCCASIONAL SALES TO COVER SALES, INCLUDING GARAGE SALES, OF TANGIBLE PERSONAL PROPERTY AT RETAIL; LIMITING THE NUMBER OF SUCH SALES TO NO MORE THAN TWO IN ANY TWELVE MONTH PERIOD, EACH SUCH SALE TO LAST NO MORE THAN THREE CONSECUTIVE DAYS; SETTING FORTH THE MANNER AND PLACE OF SUCH SALES; PROVIDING FOR LIMITED SIGN ADVER- TISEMENT OF SUCH OCCASIONAL SALES; PERMITTING ONE SIGN NOT TO EXCEED TWO SQUARE FEET PLACED UPON THE PLACE WHERE THE SALE IS CONDUCTED; PROVIDING FOR REGISTRATION OF INTENT TO CON- DUCT SUCH SALES; PROVIDING A SEVERANCE CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Euless City Council has determined that it is necessary to protect the public welfare to regulate the number and occurrence of "occasional sales" occurring within defined residential areas in the City of Euless, Texas, and WHEREAS, the Euless City Council has examined such proposed restric- tions and regulations and is of the opinion that the restrictions and regulations directed by it have been made in this Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS : SECTION I DEFINITIONS A. Occasional Sales. Occasional sales is any sale of tangible personal property at retail, including but not limited to garage sales, patio sales, yard sales and all other on -site sales in a residential dis- trict as herein provided by a person who does not hold himself out as engaged or does not habitually engage in the business of selling tangible personal property at retail. B. Retail Sales. All retail sales except "occasional sales" as that term is herein defined and as expressly prohibited by City of Euless Zoning Ordinance No. 347, are prohibited in all residential and multi- family zoning classification districts in the City of Euless, Texas. ITEM III Council Mi ut November 24, 1670 SECTION II. OCCASIONAL SALES PERMITTED Occasional sales, including garage sales, patio sales and yard sales are hereby permitted in City of Euless Zoning Districts ''R -1" through ''R -5" provided that: 1) The number of such sales shall not exceed two (2) in number during any twelve (12) month period. 2) That such occasional sales are not conducted by any person or group of persons holding themselves out as engaged or who does in fact habitually engage in the business of sell- ing tangible personal property at retail. 3) The tangible personal property shall be sold only on the premises of owner or lessee of the property where the sale is conducted and said owner or lesses must be the legal owner of such tangible personal property at the time of such sale. 4) The sale shall be confined to the garage or patio on such premises. 5) No new merchandise (i.e. merchandise acquired solely for the purpose of resale) shall be sold at such occasional sale. 6) The duration of each such sale shall not exceed three (3) consecutive calendar days. SECTION III. REGISTRATION OF OCCASIONAL SALES Any individual desiring to conduct an occasional sale as that term is herein defined and permitted shall file with the City Manager of the City of Euless, Texas, or his duly authorized representative, a written statement of intent to conduct an occasional sale. Such statement shall set forth the name, age, and address of the registrant and shall contain a statement that the provisions of this Ordinance have been read by the registrant and that he agrees to comply with all the provisions contained therein and all other Ordinances and regulations of the City of Euless. Such statement shall further contain the address and location of the pro- posed site where the occasional sale is to be conducted and the dates of all previous occasional sales conducted by the registrant within the last preceding twelve (12) month period. Any person failing to comply with the registration requirements of this Ordinance and act in violation hereof shall be subject to the penalty hereinafter imposed. ITEM III Council Mi utes November 24, 1970 SECTION IV. ADVERTISEMENT OF OCCASIONAL SALES One sign only shall be permitted to advertise occasional sales as that term is herein defined and such sign shall not exceed two square feet and must be placed upon the premises where the sale is taking place. Any other sign at any location remote from the sale property is illegal and in direct violation of this Ordinance. SECTION V. SEVERANCE CLAUSE If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of provisions thereof other than the part so decided to be invalid or un- constitutional. SECTION VI. PENALTY CLAUSE Any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor and shall be liable to a fine of not more than Two Hundred Dollars ($200.00) and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this Ordinance shall be placed or shall exist, and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Euless, likewise, shall have the power to enforce the provi- sions of this Ordinance through civil court action as provided by State Law. SECTION VII. EFFECTIVE DATE This Ordinance shall become effective and be in full force and effect from and after the date of its final passage. PRESENTED AND GIVEN FIRST READING on the 10th day of November . 1970, at a regular meeting of the City Council of the City of Euless, Texas; and given Second Reading, passed and approved on the 24th day of ITEM III Council Mi utes November 2 , 1970 November , 1970, by a vote of 3 ayes and 0 nays at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: Mayo r ATTEST: City Secretary APPROVED 0 FORM: Ci y A torney ITEM III Council Minutes November 24, 1970