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Ordinance 1989-13 ORDINANCE NO. ___Q.i:.ld.----- _INS AN CMDINNIX CF THE CITY CF WYLIE, ....M..It. ORDINNEE NlIGER8 815-_ AND 82-14 AND .-......ATU. ar_'1AK 8M..E8 8TIFU.ATINS CC>>I)ITIm8 t.-R WHICH ar.nr. IMLE8 MY _ CGDJCTED, flN:lYlDED FOR nE PL.ACDENT CF 81", AlNEltTI8J.. 8UCH MJtJ(LE SALE8, PRaYI DINS A NUN... TV FOR V IlLAT IaN CF ".. DRDINMICE, PRGYIDI.. A ......ILITY a.~, PRDVIDINII FOR ...... I CAT ION, MID PfItOVIDINI AN EFFECT IVE DATE. NOW THEREFCME, BE IT DfltDAUED BY THE COUC::IL CF THE CI TY CF WYLIE, COLLIN COUNTY, TEXAS THAT. SECTION 1 Garage Sale., Yard Sales, Fron~ Porch Sal.s, and o~h.r sales, which may be conducted by a proper~y owner or tenant of residential property within the City Limits of Wylie, Texas, shall be conducted on a temporary basis and are hereby authorized only in compliance with this ordinance. SECTION 2 Permit required. No person shall conduct a Garage Sale as defined in ~hi. ordinance without having first obtained a permit from the City of Wylie. The required fee for this permit shall be .S.OO (five dollar.). SECTION 3 A Garage Sale or a temporary .ale (temporary, occasional sale of personal proper~y) i. defined as each of one or two sale. of tangible property at retail for a period not to exceed four consecutive days in length for each sale during any calendar year, carried on at a home or re.idence by a person who is not held out as engaging in or who does not habitually engage in ~he busine.s of selling such tangible personal property at retail and who does not carryon such sales in such a manner as to create a disturbance or become a nuisance in the neighborhood; and only so long as such person is selling only personal property ~hat belongs to such person personally and has not been purchased for the purpose of re- sale. SECTION 4 Signs may be posted on any residential property where permission has been requested and granted. No sign shall exceed the size of two square feet. No sign may be posted on any utility pole. Signs will be permitted within the rights of way of the City of Wylie only between the hours of twelve noon on Thursday through twelve noon on Monday. For the purpose of clarification a person may place a advertising sign for a Garage Sale along the str..ts right of way, provided such sign is not placed before noon on Thursday and in placing the sign the person conducting the Garage Sale agrees to pick up the sign before noon on Monday. The existence of a sign on a public right-of-way wi~hin the City shall be considered Prima Facie Evidence, rebuttable as in other c.s.s, that such sign was placed by or under the direction of the person conducting the Garage Sale. SECTION S REPEALING CLAUSE - That Ordinance Nos. 8S-S8 and 82-14 and all other ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6 SEVERA8ILITY CLAUSE - Should any paragraph, sentence, subdivision, clause, phra.e or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the sam. shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconsti~utional and shall not affect the validity of the remaining portions of this ordinance. SECTION 7 PENALTY - Any person firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($SOO.OO) for each offense, and each day such violation shall continue to exist shall constitute a .eparate offense. SECTION B PUBLICATION DAUBE - That ordinance shall take effect immediately from and after its passage and publication of i~s caption, as the law in such cases provides. ~~ ~_~~I~y~:_~, ~":: TEXAS, ------------~-- ----~------- Chuck Trimble, Mayor ATTEST: