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July 8, 2011 - City of Mission Ordinance 3653

ORDINANCE NO. 3653

AN ORDINANCE AMENDING CHAPTER 82 - SALES - OF THE CODE OF ORDINANCES; ADDING CHURCH GARAGE SALES TO BE PERMITTED, WITH A GARAGE SALE PERMIT, ONCE A YEAR, ETC.; PROVIDING FOR A CODIFICATION PROVISION; AND PROVIDING FOR A PUBLICATION DATE.

WHEREAS, The City of Mission, Texas has regulations regarding ‘Garage Sales’ within its city limits; and,

WHEREAS, The City’s prevailing Garage Sale regulations only allow the lawful issuance of such permits to residences in residential areas; and,

WHEREAS, The City of Mission has been approached over the years by several churches to consider issuing garage sale permits to such non-profit entities in order to help them raise funds for their institutional intents and charitable efforts; and,

WHEREAS, The City of Mission has considered such requests and has determined that it would not be contrary to the public’s health, safety, and general welfare to include a ‘church’ as a viable applicant for a grage sale permit subject to additional measures to regulate said events.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSION, COUNTY OF HIDALGO, TEXAS THAT:

1. The following Sections of Chapter 82 are hereby amended and/or included into said Chapter as shown:

Sec. 82-32 – Definitions (Amend/include as follows)

Garage Sale operator means any person or church (with recognized non-profit status) with a permit issued by the City of Mission to operate a garage sale.

Garage sale permit means a permit issued by the City of Mission for A) the purposes of residents to display and offer for sale, under the terms and conditions of this article, their personal disposable items; and B) for the purposes of a church to hold an annual garage sale to display and sell donated or other church items where the funds raised are to be used for church purposes. No garage sale permit for a church shall be issued where a flea-market set-up will reflect individuals selling their own personal items and keeping all or a percentage of the proceeds.

Sec. 82-33 – Signage (include as follows)

(f) A church may display a ‘Garage Sale’ on its typical ground pole sign (removable letters) where a garage sale permit has been issued.

Sec. 82-335 – Garage Sale Operator’s Permit (Amend as follows)

It shall be unlawful for any person or church to operate or participate in the operation of a garage sale without first obtaining the proper permit from the City of Mission. Since more time for perusing numerous displayed items is expected at a church garage sale, the church must make their restroom facilities available as needed.

Section 82-36 – Term of Garage Sale permit (Amend as follows)

All permits covered by this article shall continue in full force from the date specified on the permit. Each garage sale shall be valid for either four consecutive days; or two consecutive Saturday/Sunday weekends. A church garage sale shall be valid for one weekend.

Section 82-37 – Maximum Number of Garage Sales (Amend as follows)

The City of Mission shall issue one permit for each garage sale. Each residence or residential lot is allowed four garage sales per calendar year per location not to exceed one garage sale per three-month interval. Only one garage sale permit shall be issued to a church in any 12-month period.

Sec. 82-39 – Application for a Permit (Amend as follows)

(c) Only the owner or lessee of the residential property upon which the garage sale will be conducted may obtain such permit. In the case of a church garage sale permit, correspondence on church letterhead with an original signature from a church authority citing the desire to secure said permit shall be provided to assure legitimacy of consideration where after the church may be able to apply for the annual garage sale permit.

Section 82-44 – Penalties for Violations of Article (Amend as follows)

(a) It shall be unlawful for person to operate, participate in, or recklessly allow to be operated upon properly owned or controlled by that person or Institution a garage sale in a manner not in compliance with the provisions of this article. Each day a documented violation is committed or permitted to continue shall constitute a separate offense. The City of Mission reserves the right to immediately revoke a garage sale permit upon documentation of the owner’s, lesser’s, or garage sale operator’s violation of any of the regulations contained herein, including but not limited to the display and/or sale of ‘new or seemingly new’ Items to be resold, prolonging the hours of operation, placing signs in prohibited areas; however, a church may sell ‘new or seemingly new’ items due to its non-profit status. If a garage sale permit is revoked for documented self-inflicted violations, there will be no reimbursement of paid fees.

2. The provisions of this Ordinance are to be published in the locations indicated in the Code of Ordinances of the City of Mission, Texas as soon as practicable.

3. This Ordinance shall take effect immediately upon its passage and publication according to law.

READ, DISCUSSED, CONSIDERED AND PASSED, THIS THE 27TH DAY OF JUNE, IN THE YEAR OF OUR LORD, 2011.

Norberto Salinas, Mayor

ATTEST: Anna Carrillo, City Secretary

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