The text
Footnotes:
--- (1) --- Cross reference— Businesses, ch. 26; health and sanitation, ch. 54; peddlers and solicitors, ch. 78; zoning, ch. 118.
State Law reference— Automotive wrecking and salvage yards, Tex. Trans. Code, § 391.091 et. seq.; control of automobile wrecking and salvage, Tex. Trans. Code Chapt. 396, Tex. Loc. Gov't. Code § 50.012; regulated consumer loans, Title 5, Tex. Finance Code; secondhand metal dealers, Tex. Rev. Civ. St. art. 9009 et seq.; certain recycling or waste separation facilities not required to have separate permit, Tex. Health and Safety Code § 361.0861.
ARTICLE I. - IN GENERAL#
Secs. 86-1—86-25. - Reserved.#
ARTICLE II. - JUNKYARDS#
Footnotes:
--- (2) --- Cross reference— Abandoned property generally, § 13-16 et seq.; junked vehicles, § 13-41 et seq.
Sec. 86-26. - Declared nuisance unless properly licensed.#
Any place used or maintained by any person as a junkyard or dumping ground; for wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind; for the storing or leaving of worn out, wrecked, or abandoned automobiles, trucks, tractors, or machinery of any kind, of any of the parts thereof; or for the maintenance or the operation of such place for the accumulation of rubbish of any description is hereby declared to be a public and common nuisance, being obnoxious and offensive to the inhabitants of the city, because of its interference with the comfortable enjoyments of life and property by such inhabitants, and is prohibited within the city limits, unless the junkyard is conducted in the manner stated in this article, following the payment of the license fee prescribed in section 86-27.
(Code 1979, ch. 4, § 2(A); Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Sec. 86-27. - Issuance of license; fee.#
Any person desiring to use or maintain any property within the city for any of the purposes mentioned in section 86-26 shall make a written application to the city secretary for a license, which application shall set forth the name and address of the applicant and a legal description of the property or premises upon which the business is to be conducted. The city secretary shall have the power to grant or reject such application. If the application is granted, a license to operate such business shall be issued by the city secretary upon payment of a fee as prescribed in the fee schedule found in Appendix B of this Code. Any license so issued shall expire on January 1 next succeeding the date of its issuance, but may be issued from year to year in the same manner as provided for in the original license.
(Code 1979, ch. 4, § 2(B); Ord. No. 98-10, § 2(Exh. A), 5-12-98; Ord. No. 2024-08, § 9, 3-12-24)
Sec. 86-28. - Screening requirements.#
Any person granted a license, as provided for in section 86-27, shall keep the premises used in the operation and maintenance of such business in a neat and orderly condition. The property and premises on which the business is conducted shall be enclosed by a tight board fence or any comparable screening device approved by the planning and zoning commission of the city at least six feet high to screen the premises from view by the public. Such fence shall be kept in a neatly painted condition, and no junk of any character, parts, or machinery of any kind shall be allowed to remain outside such fence.
(Code 1979, ch. 4, § 2(C); Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Sec. 86-29. - Planning and zoning commission to review applications for license.#
If a legally constituted planning and zoning commission is functioning for the city, the city secretary shall, before passing upon any application as provided in this article, secure the approval or disapproval of the planning and zoning commission.
(Code 1979, ch. 4, § 2(D); Ord. No. 98-10, § 2(Exh. A), 5-12-98; Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Sec. 86-30. - Revocation of license.#
The council shall have the power to revoke the license provided for in this article at any time for good cause, but only after notice has been given to the owner of the business of a hearing to be held not less than ten days after the service of such notice.
(Code 1979, ch. 4, § 2(E); Ord. No. 98-10, § 2(Exh. A), 5-12-98)
ARTICLE III. - GARAGE SALES#
Sec. 86-31. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Garage sales means and includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of such sale.
Goods are meant to include any goods, warehouse merchandise or other property capable of being the object of a sale regulated under this article.
(Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 86-32. - Exemptions.#
The provisions of this article shall not apply to or affect the following persons or sales: (1)
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and duties as public officials.
(3)
Any person selling or advertising for sale an item of personal property which is specifically named or described in the advertisement and which separate items do not exceed five in number.
(Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Sec. 86-33. - Reserved.#
Sec. 86-34. - Permit required.#
It shall be unlawful for any person to conduct a garage sale in the city without first filing with the clerk the information hereinafter specified and obtaining from such clerk a permit to do so, to be known as a garage sale permit.
(Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Sec. 86-35. - Permit issuance and display.#
A garage sale permit shall be issued to any one person or location only four times within a twelve-month period and no such permit shall be issued for more than two consecutive calendar days. Each permit issued must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the permitted sale.
(Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Sec. 86-36. - Required information.#
The information to be filed with the clerk, pursuant to this division, shall be follows: (1)
Name of person, firm, group, corporation, association, or organization conducting the sale;
(2)
Name of owner of the property on which the sale is to be conducted and consent of owner if applicant is other than the owner;
(3)
Location at which sale is to be conducted;
(4)
Number of days of sale;
(5)
Date of sale and dates of past sales;
(6)
Sworn statement of affirmation by the person signing that the information given is full and true and known to him to be so.
(Ord. No. 98-10, § 2(Exh. A), 5-12-98)
Sec. 86-37. - Garage sale signs.#
(a)
Signs giving notice of or advertising garage sales in residential areas shall not exceed four square feet in face area. They may not be illuminated, may not be erected earlier than one day preceding the sale and shall be removed within one day following the sale. Signs will show the date(s) of the sale. A permit to hold a garage sale is required separate from the signage. No permit is required for the sign itself.
(b)
The placement or installation of a garage sale signs in the right-of-way of any street, alley or public property is prohibited. No sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way. This section shall not be construed so as to prohibit vehicular signs as long as such comply with other provisions of this section; nor to prohibit the carrying or display of signs by a person or persons as long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances.
(Ord. No. 98-10, § 2(Exh. A), 5-12-98)