ORDINANCE NO. 04-09-98
AN ORDINANCE OF THE CITY OF RISING STAR, TEXAS REGULATING RESIDENTIAL GARAGE SALES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RISING STAR, TEXAS THAT:
SECTION 1. Residential garage sales shall be permitted subject to the following conditions and restrictions:
a. Garage sale sha11be defined as an occasional market open to the public for the purpose of disposing of personal property; and the sale
or offering for sale of any goods, wares, or merchandise to the general public without benefit of a resale sales tax pennit issued by the
State of Texas. The term includes, but is not limited to, all sales entitled “yard”, “lawn”, “porch”, “backyard”, “patio”, “rummage”, “estate”, or
“garage”.
b. No more than four (4) garage sales shall be allowed at the same address or location during any twelve (12) month period. The duration of
such sale shall be limited in time to no more than the daylight hours of any five (5) consecutive days.
c. Personal property offered for sale must be displayed on that individual’s property, with no personal property displayed on any public
right-of-way.
d. The owner of the premises holding a garage sale shall be responsible for the maintenance of good order on such premises during all
hours of said sale. Owner shall not permit loud or boisterous conduct on said premises or permit vehicles to impede the passage of
traffic on any street or roads in the area of such premises to maintain public health, safety and welfare.
e. There shall be no continuous outdoor storage of garage or yard sale merchandise, stock or display items. Owners shall clear all sale
merchandise and display items from yard immediately after the sale.
f. All garage sale signs will be temporary only, and such individuals who conduct sales shall be responsible to collect and remove all
advertising signs within 24 hours after completion of said garage sale
SECTION 2. Any individual wishing to hold a sale for more than the permitted five (5) days, must obtain a special permit from the City Council. Individuals having been granted this special permit for eJ(tended sales must remove and store sale items from public view at end of permit date. Merchandise cannot be covered and left in view of public eye.
Application for the permit shall be made at City Hali during normal working hours and shall contain the name, street address and the
telephone number of the owner of the property where the sale is located, and the date (s) the sale is to be conducted.
SECTION 3. Noncompliance with the provisions of this ordinance will constitute a Class C. Misdemeanor, punishable under the provisions of Rising Star’s Code of Ordinance. Each day or location of noncompliance shall constitute a separate violation.
SECTION 4. It is declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of the ordinance are severabel, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
PASSED and APPROVED this 9th day of April, 1998, by the City Council of the City of Rising Star, Texas.
ATTEST:
