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SECR~TA~Y'S COSY
ORDINANCE NO. 127
AN ORDINANCE OF THE CITY OF KENNEDALE AMENDING CHAPTER
11 OF THE KENNEDALE CITY CODE BY PROVIDING FOR THE
REGULATION OF GARAGE SALES ON RESIDENTIAL PROPERTY;
REQUIRING A PERMIT; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, the City of Kennedale deems it necessary and proper and in the best
interests of the health, safety and general welfare of its citizens to regulate garage sales as
provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Chapter 11 of the Code of Ordinances of the City of Kennedale, as amended, is
hereby amended by adding a new Article VIII, "Garage Sales", to read as follows:
ARTICLE VIII. GARAGE SALES
" Sec. 11-201. Garage Sales
(a) No person shall conduct a garage sale in the City of Kennedale
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except in accordance with the rules, regulations and restrictions in this article.
(b) The term garage sale shall mean the sale, offer for sale or
display for purposes of sale, of surplus personal possessions which is
conducted on the premises of a residentially occupied property. The term
"garage sale" shall include, but not be limited to, the following items: yard sale,
estate sale, craft sale, moving sale and patio sale.
(c) The term personal possession means property which is owned,
used and maintained by an individual or members of his of her residence and
acquired in the normal course of living in or maintaining a residence, but does
not include merchandise which was purchased or acquired for resale or
obtained on consignment.
Section 11-202. Permit required; application
(a) A person shall not conduct a garage sale without first obtaining
a permit from the city. A garage sale permit may only be issued to the owner
or occupant of the residential property upon which the garage sale will take
place.
(b) Before the proposed garage sale, a person shall make a written
application for a garage sale permit on a form provided by the city. The
application shall be filed with the city and shall include the following
information:
1. The complete name and address of each
applicant;
2. The address at which the garage sale is to be
held;
3. The date or dates upon which the garage sale is
to be held;
4. The date or dates of any other garage sales
participated in or conducted by each applicant
within the current calendar year; and
5. An affirmative statement that the property to be
sold at the garage sale is personal property
f:\Files\kennedale\ordinance\garagesa.fnl (04-11-97) 2
owned by the applicant; was neither acquired nor
consigned for the purpose of resale; and is not
from an inventory or stock of goods in trade.
(c) The application shall include a fee as set by the city council.
(d) The permit shall indicate the date or dates on which the garage
sale will be held. The permit shall be kept at the location of the garage sale
throughout the duration of the sale.
Section 11-203. General regulations
(a) No more than three garage sales may be conducted on a
residential premises per calendar year.
(b) The duration of a garage sale may not exceed three consecutive
days.
(c) One garage sale permit per calendar year may be deferred to
the following weekend of the scheduled garage sale at the discretion of the
applicant.
(d) No more than six signs maybe displayed to advertise the garage
sale. Garage sale signs are subject to the following rules, regulations and
restrictions:
1. Signs shall be no greater than two square feet in
area.
2. The top of the sign shall be no higher than thirty
inches above the surrounding grade.
3. All stakes must be wood to minimize risk to buried
utilities.
4. Signs shall be placed no closer than six feet from
any road surface or curb, nor closer than twenty
feet of any intersection.
5. Signs shall have the garage sale permit number
clearly and legibly marked on them with numbers
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at least one inch high.
6. Signs shall not be placed on any utility pole,
traffic sign pole, or other structure within the
right-of-way.
7. Signs shall not be placed within the Business 287
Overlay District. The Business 287 Overlay
District includes all property within the city which
is located within 300 feet of Business Highway
287.
8. Any person placing a sign on private property
must first obtain permission from the owner or
occupant of the premises.
9. All signs shall be removed by the garage sale
applicant no later than noon on the day following
the completion of the garage sale.
10. Garage sale signs not in compliance with the
rules, regulations and restrictions in this section
shall be subject to removal, and a fine."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City
of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. Section 11-5 of the Kennedale City Code is hereby
repealed in its entirety.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
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sentence, h 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.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than five hundred dollars ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Section 11-5 of Kennedale City Code (1991), as amended
or any other ordinance or code provision affecting garage sales which have accrued at the
time of the effective date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish the caption,
f:\files\kennedale\ordinance\garagesa.fnl (04-11-97) 5
.'
penalty clause, publication clause and effective date clause of this ordinance in every issue
of the official newspaper of the City of Kennedale for two days, or one issue of the
newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011
of the Local Government Code.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON TIIIS /O DAY OF _, 1997.
MAYOR '
ATTEST:
CITY SEC ETARY
EFFECTIVE: ~ / T 9 7
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140-0230
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
Publishers Of:
EVERMAN TIMES
KENNEDALE NEWS
FOREST HILL NEWS
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of:
Pub Hrng re: Residential Garage Sale Ordinance
which is attached to this affidavit, was published in said newspapers on the
following date(s); to wit
MARCH 20, 1997
EXECUTED THIS, THE 1ST, DAY OF APRIL, 1997
JENNIFER THEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 1ST, DAY OF APRIL, 1997
~ ~~~'.
OHN EDD BLESSING
NOTARY PUBLIC
~;a~>ye,, ------ _____ TEXAS
=~• ~~:_ JOH~J EDD BLES,liJG
-'`~ "_ MY COMh4iSSIGlJ IXPIRcS
r ~ a „*~' July 10, 1 x'97