Sec. 86-7. - Sale on streets, sidewalks, vacant lots restricted.
(a)It shall be unlawful for any person to expose for sale or to sell fruits, vegetables or other perishable farm products; candy, soda-pop, and other like refreshments; new or used vehicles; or goods, wares and merchandise or anything of value in the city along the street and outside of a permanent building used as a store or in a tent or other temporary covering that does not meet the requirements of the city building, electrical, plumbing or sanitation code or on any vacant lot located within the following described districts and streets:
(1)Along all streets located in an area bordered on the north by East Madison Street, on the south by the city limits, on the west by Palm Boulevard and on the east by International Boulevard;
(2)Along all of West Elizabeth Street;
(3)Along all of Palm Boulevard;
(4)Along all of International Boulevard;
(5)Along all of East 6th and 7th Streets;
(6)Along all of Central Boulevard;
(7)Along all of Paredes Line Road;
(8)Along all of Boca Chica Boulevard;
(9)Along all of East 10th, 12th, 13th, and 14th Streets;
(10)Along all of Billy Mitchell Boulevard;
(11)Along all of Sam Pearl Boulevard;
(12)Along all of East, West and South Price Roads;
(13)Along all of Southmost Road;
(14)Along all of FM Road 802;
(15)Along all of East Avenue;
(16)Along the north and south frontage roads of U.S. Highway 77/83;
(17)Along West Jefferson Street from Palm Boulevard to Central Boulevard;
(18)Along U.S. Highway 281;
(19)Along all of Old Port Isabel Road;
(20)Along all of Old Alice Road;
(21)Along all of Coffee Port Road;
(22)Along all of McDavitt Boulevard;
(23)Along all of Lakeside Boulevard;
(24)Along all of Los Ebanos Boulevard;
(25)Along all of Coria Street;
(26)Along all of Wild Rose Lane;
(27)Along all of Barnard Road;
(28)Within an area of 500 feet to the property line of any church, hospital, or school within the city;
(29)Along all of FM Road 511;
(30)Along all of Dockberry;
(31)Along all of FM Road 3248;
(32)Along all of FM Road 313;
(33)Along all of McKenzie Road;
(34)Along all of Central Avenue;
(35)Along all of Esperanza Road;
(36)Along all of Morningside Road;
(37)Along all of Milpa Verde Street;
(38)Along all of East 30th Street;
(39)Along all of Hortencia Boulevard;
(40)Along all of Old Highway 77;
(41)Along all of Roosevelt Street;
(42)Along all of Lincoln Street;
(43)Along all of Ringgold Street;
(44)Along all of Mexico Boulevard;
(45)Along all of Rockwell Drive; and
(46)Along all of Padre Island Highway.
Such sales in the locations listed in this subsection shall also be prohibited under any type of roof structure which is not surrounded by walls with limited permanent locations for ingress and egress to and from such structure. Such prohibition shall also extend to motor vehicles, pushcarts, pickup trucks, vans, horse-drawn carriages or any other vehicle propelled by the use of human, animal or mechanical power or any combination thereof while parked or from parking areas in the city.
(b)The following establishments are exempt from this section, provided that they comply with all other applicable city codes:
(1)Automobile, farm equipment and heavy machinery by authorized and duly licensed dealers;
(2)Establishments, which operate during city festivities such as Charro Days, provided that the exemption shall be granted during the days of festivity only and if it is the sale of food, a permit issued as provided in section 22-126;
(3)A nonprofit organization conducting a rummage sale outside of a lot where a private residence is located;
(4)Private citizens conducting garage sales on their own property, provided that no more than one garage sale is held during a three-month period and that the garage sale does not exceed five consecutive days;
(5)Warehouse sales conducted in the same property where the establishment is located, provided that each warehouse sale be limited to 30 consecutive days in any six-month period;
(6)Carnivals;
(7)Christmas tree sales;
(8)An establishment which, by the city zoning code in chapter 348, is specifically authorized to store and sell goods outside a permanent structure and for which a valid certificate of occupancy has been obtained; and
(9)The sale of motor vehicles, at the owner's place of residence or other property owned by the vehicle owner, fully compliant with the city zoning code in chapter 348 as it relates to time restrictions and number of vehicle limitations and also compliant with the special provisions of the state traffic laws as they relate to the sale and transfer of used or secondhand vehicles.
(c)The police, traffic, and planning and community development departments and the public health director may issue citations for violations of this section and cause the offending merchandise, goods, wares, vehicles, etc., to be immediately removed from a restricted site and/or lawfully impounded.
(Code 1971, § 14-1; Ord. No. 96-223-B, § 1, 8-6-1996; Ord. No. 99-223-C, § 1, 6-1-1999)
Cross reference— Similar provisions, §§ 22-1, 22-126.
