10-B Amending Garage Sale Ordinance
DRAFT
ORDINANCE NO.
f:attorneylresworklcurrentlGarage Sale Ord Amend 2007
November 28, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING SECTION 15-1 DEFINITIONS, AND SECTION 15-2
DURATION LIMITED OF CHAPTER 15, GARAGE SALES, OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS; AMENDING THE
DEFINITION FOR A GARAGE SALE; PROVIDING FOR LIMITED
DURATION AND FREQUENCY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENAL TY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 26,2007, the Code Enforcement Task Force of the City of Paris,
Texas met to review and discuss outside storage regulations, including the frequency and duration
of garage sales, and to make recommendations to the Paris City Council; and,
WHEREAS, the Task Force has recommended that the following amendments be made to
Sections 15-1 and 15-2 of Chapter 15 of the Code of Ordinances of the City of Paris, and having
reviewed same, the City Council of the City of Paris hereby finds and determines that the changes
recommended herein are in the best interest of the City of Paris and its citizens and should be
adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Section 15-1 of the Code of Ordinances of the City of Paris, Texas, be, and
the same is hereby amended to read as follows:
"Sec. 15-1. Definition.
As used in this chapter, a "garage sale" is a casual sale conducted in an area zoned
for residential use, upon private property, either within a garage, upon a porch or
driveway, or in a yard."
Section 3. That Section 15-2 of the Code of Ordinances of the City of Paris, Texas, be, and
the same is hereby amended to read as follows:
"Sec. 15-2. Duration and frequency.
It shall be unlawful for any person to conduct, alone or in concert with others, a
garage sale within the corporate limits of the city for a period in excess of three (3)
consecutive days. It shall further be unlawful for any person to conduct, alone or in
concert with others, more than three (3) garage sales of any duration on the same property
within a twelve (12) month period."
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City
of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this
ordinance shall not be construed as abandoning any action now pending under or by virtue of such
ordinance or as discontinuing, abating, modifYing, or altering any penalty accruing or to accrue, or as
affecting any rights of the municipality under any section or provisions of any ordinance at the time of
passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this ordinance, and
every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any
section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this
ordinance.
Section 7. That any person violating any of the provisions of this ordinance shall be guilty ofa
Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $500.00, and each and
every day's continuance of any violation of the above-enumerated sections shall constitute and be
deemed a separate offense.
Section 8. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED this 10th day of December, 2007.
ATTEST:
Jesse James Free1en, Mayor
Janice Ellis, City Clerk
APPROVED AS TO FORM:
w. Kent McIlyar, City Attorney