Chapter 15. Garage and Estate Sales
Sec. 15-1. - Purpose.
It is the purpose of this chapter to enhance the public safety and welfare of the city by maintaining a public record of all individuals conducting garage and estate sales, and controlling the proliferation of garage and estate sales and the signage associated with said sales to reduce the risk of traffic congestion on city streets.
(Ord. No. 11-072, § 2(Exh. A), 9-19-2011)
Sec. 15-2. - Definitions.
(a) Estate sale. A type of garage sale, yard sale or auction overseen by a professional estate sale company or consultant to dispose of a substantial portion of the personal property owned by a person who is recently deceased, or one who must dispose of personal property to facilitate a move.
(b) Garage sale. The offering for sale of 20 or more items of used personal property from a residence, and shall include "yard sales," "patio sales," "porch sales," and "driveway sales."
(Ord. No. 11-072, § 2(Exh. A), 9-19-2011)
Sec. 15-3. - Permit procedures.
Plain answer: Do I need a permit for a garage sale?
(a) No person shall have either a garage sale or an estate sale within the city limits of Bellaire without first obtaining a permit.
(b) Each resident shall be required to apply for a garage or estate sale permit for each event. All applications must be received by the community development department a minimum of two days prior to the event.
(c) Each residence shall be allowed two garage or estate sales per calendar year. Each event shall be for a duration not to exceed three consecutive days.
(d) Each residence shall be allowed three signs per event. Signs must display the permit number provided by the City of Bellaire during the application process.
(e) All fees shall be paid prior to the issuance of the permit.
(f) At the conclusion of a garage or estate sale, all items displayed for sale and all display tables and other display items, shall be removed from the yard. This removal must be completed by 8:00 p.m. the last day of the sale.
(Ord. No. 11-072, § 2(Exh. A), 9-19-2011)
Sec. 15-4. - Fees.
The city manager shall establish a reasonable fee to cover the costs associated with the issuance of garage or estate sale permits.
(Ord. No. 11-072, § 2(Exh. A), 9-19-2011)
Sec. 15-5. - Sign display.
(a) No signs shall be allowed in public rights-of-way, attached to utility poles, trees, public buildings, or any street/traffic control signs.
(b) Signs shall be displayed no earlier than 5:00 a.m. on the first day of the event and must be removed by 8:00 p.m. of the final day of the event.
(c) For garage sales, a minimum of one of the provided signs must be displayed on the property where the sale is being held. The remaining two signs may be placed in a private yard with the permission of the property owner. Such permission will be presumed to be given by the property owner by the affixing of his signature to the sign that has been placed within the yard.
(d) For estate sales, the sign provided must be displayed on the property where the sale is being held.
(e) Signs found to be illegal or posted in violation of this chapter shall be impounded.
(Ord. No. 11-072, § 2(Exh. A), 9-19-2011)
Sec. 15-6. - Traffic.
Notwithstanding the fact that a permit may have been issued by the city, any garage sale that creates an adverse traffic condition, or safety hazard as determined by the city's police department may be required to immediately cease operations by the city.
(Ord. No. 11-072, § 2(Exh. A), 9-19-2011)