Code Compliance
Code Compliance Single-Family Residential & Commercial Property Maintenance Improvement Strategy Municipal Policy Committee August 22, 2017
Today Today’s Agenda: Garage Sale Regulation Follow-Up Discussion ♦ ♦ - Action Items
Background
Resident Complaints Code Compliance Internal Resident Surveys Municipal Policy Committee Review and Consensus Public Hearing
Garage Sales
Issue: Business operations posing as garage sales. This activity has resulted in increased neighborhood congestion and quality of life concerns from residents Current codes do not regulate: Frequency Signage Hours Location on premises Duration of sale
Example of Garage Sale/Business Operation
Example of Garage Sale/Business Operation
Garage Sale Survey Neighboring Cities City
Dallas Fort Worth North Richland Hills Hurst Grand Prairie Irving Bedford Euless Kennedale Haltom City Forest Hill Benbrook Mansfield
Permit Required
Number allowed per year
Maximum length of garage sale
Permit Fee
Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes
2 2 1 / 6 mo 6 mos apart 2 2 4 2 3 4 4 2 3
3 days 3 days 2 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days
1st free/2nd $25 No fee $8 N/A No fee No fee $10 No fee $10 $7 $10 N/A $5
Municipal Policy Recommendations
Permit required No more than two (2) sales per year Duration- (48) consecutive hours No more than one (1) sign on the premises No fee Hours restricted 7 a.m. – 7 p.m.
Proposed Garage Sales Chapter
Section 2.01 Definitions Garage sale means all general sales, open or advertised to the public, conducted from or on a residential premises (single-family, duplex, or multi-family), in any zoning use district, for the purpose of disposing of tangible personal property. Said sale includes situations in which more than (5) specific items of tangible personal property are displayed for sale.
Proposed Garage Sales Chapter
Section 3.01 Permit Required :(No Fee) Section 3.02 Maximum Number of Garage Sales: No more than two (2) will be issued for a specific residential property within a twelve (12) month period per location Section 3.03 Permit Nontransferable: Nontransferable to another person or address Section 3.04 Term of Permit: Specified dates and times of permit, not to exceed 48 consecutive hours Section 3.05 Application for Permit: (Online or in-person)
Proposed Garage Sales Chapter Ordinance
Section 3.06 Display of Permit: Displayed within a distance of six (6) feet from the curbline or nearest edge of paved portion of the street Section 3.07 Temporary On-Site Garage Sale Sign: Limited to 1 on-site premise sign / No signage in ROW Section 3.08 Hours of Operation: 7 a.m. – 7 p.m. Section 3.09 Sale of Food Items Prohibited: Does not give additional authority to sell food products (i.e. food items that would require a mobile food vending or other food establishment permit. Homemade items (excluding potentially hazardous baked items) that are exempted under the Texas Cottage Food Law (THSC Chapter 437) would still be allowed in accordance with state law. Section 3.10 Display of Sale Items: No items exhibited or displayed for
sale within five (5) feet of right-of-way
Proposed Garage Sales Chapter
Section 4.01 Violations of Regulations and Penalty A. It shall be unlawful for a person to operate, participate in, or to allow to be operated a garage sale in a manner not in compliance with the provisions of this Section. B. It shall be unlawful for a person who is operating, participating in, or allowing the operation of a garage sale to fail to remove any advertising sign upon expiration of a valid garage sale permit. C. It shall be unlawful for a person who is operating, participating in, or allowing the operation of a garage sale to violate any other provision of this Chapter relating to garage sales. D. Any person, corporation, association, or entity who violates any of the provisions of this Chapter commits an offense that is considered a Class C misdemeanor
Public Input
Public Hearing June 10, 2017 • Total Number In Attendance: 50 • Total Opposed (Sign-In Sheet): 19 • Total In Support (Sign-In Sheet): 8 • Total Who Did Not Indicate Preference (Sign-In Sheet): 23 Public Input Via Email or Phone Calls • Total Opposed: 6 • Total In Support (Sign-In Sheet): 2 Public Hearing Comments • See Matrix • East Arlington Renewal (EAR) - Supports ordinance that allows a maximum of 4 sales per year & regulation of commercialization of residential properties
Garage Sales
Option 1 Do not regulate Option 2 (Choose items for consideration) (Do / Do Not) regulate frequency of garage sales on an annual basis (Do / Do Not) regulate number(s), placement location, removal time frame, and size of signs (Do / Do Not) require permit (Do /Do Not) require fee (Do / Do Not) regulate garage sale operational hours
Discussion
Today Today’s Agenda: Garage Sale Regulation Follow-Up Discussion ♦ ♦ - Action Items
Background
Resident Complaints Code Compliance Internal Resident Surveys Municipal Policy Committee Review and Consensus Public Hearing
Garage Sales
Issue: Business operations posing as garage sales. This activity has resulted in increased neighborhood congestion and quality of life concerns from residents Current codes do not regulate: Frequency Signage Hours Location on premises Duration of sale
Example of Garage Sale/Business Operation
Example of Garage Sale/Business Operation
Garage Sale Survey Neighboring Cities City
Dallas Fort Worth North Richland Hills Hurst Grand Prairie Irving Bedford Euless Kennedale Haltom City Forest Hill Benbrook Mansfield
Permit Required
Number allowed per year
Maximum length of garage sale
Permit Fee
Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes
2 2 1 / 6 mo 6 mos apart 2 2 4 2 3 4 4 2 3
3 days 3 days 2 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days
1st free/2nd $25 No fee $8 N/A No fee No fee $10 No fee $10 $7 $10 N/A $5
Municipal Policy Recommendations
Permit required No more than two (2) sales per year Duration- (48) consecutive hours No more than one (1) sign on the premises No fee Hours restricted 7 a.m. – 7 p.m.
Proposed Garage Sales Chapter
Section 2.01 Definitions Garage sale means all general sales, open or advertised to the public, conducted from or on a residential premises (single-family, duplex, or multi-family), in any zoning use district, for the purpose of disposing of tangible personal property. Said sale includes situations in which more than (5) specific items of tangible personal property are displayed for sale.
Proposed Garage Sales Chapter
Section 3.01 Permit Required :(No Fee) Section 3.02 Maximum Number of Garage Sales: No more than two (2) will be issued for a specific residential property within a twelve (12) month period per location Section 3.03 Permit Nontransferable: Nontransferable to another person or address Section 3.04 Term of Permit: Specified dates and times of permit, not to exceed 48 consecutive hours Section 3.05 Application for Permit: (Online or in-person)
Proposed Garage Sales Chapter Ordinance
Section 3.06 Display of Permit: Displayed within a distance of six (6) feet from the curbline or nearest edge of paved portion of the street Section 3.07 Temporary On-Site Garage Sale Sign: Limited to 1 on-site premise sign / No signage in ROW Section 3.08 Hours of Operation: 7 a.m. – 7 p.m. Section 3.09 Sale of Food Items Prohibited: Does not give additional authority to sell food products (i.e. food items that would require a mobile food vending or other food establishment permit. Homemade items (excluding potentially hazardous baked items) that are exempted under the Texas Cottage Food Law (THSC Chapter 437) would still be allowed in accordance with state law. Section 3.10 Display of Sale Items: No items exhibited or displayed for
sale within five (5) feet of right-of-way
Proposed Garage Sales Chapter
Section 4.01 Violations of Regulations and Penalty A. It shall be unlawful for a person to operate, participate in, or to allow to be operated a garage sale in a manner not in compliance with the provisions of this Section. B. It shall be unlawful for a person who is operating, participating in, or allowing the operation of a garage sale to fail to remove any advertising sign upon expiration of a valid garage sale permit. C. It shall be unlawful for a person who is operating, participating in, or allowing the operation of a garage sale to violate any other provision of this Chapter relating to garage sales. D. Any person, corporation, association, or entity who violates any of the provisions of this Chapter commits an offense that is considered a Class C misdemeanor
Public Input
Public Hearing June 10, 2017 • Total Number In Attendance: 50 • Total Opposed (Sign-In Sheet): 19 • Total In Support (Sign-In Sheet): 8 • Total Who Did Not Indicate Preference (Sign-In Sheet): 23 Public Input Via Email or Phone Calls • Total Opposed: 6 • Total In Support (Sign-In Sheet): 2 Public Hearing Comments • See Matrix • East Arlington Renewal (EAR) - Supports ordinance that allows a maximum of 4 sales per year & regulation of commercialization of residential properties
Garage Sales
Option 1 Do not regulate Option 2 (Choose items for consideration) (Do / Do Not) regulate frequency of garage sales on an annual basis (Do / Do Not) regulate number(s), placement location, removal time frame, and size of signs (Do / Do Not) require permit (Do /Do Not) require fee (Do / Do Not) regulate garage sale operational hours
Discussion
