WHEREAS, this Parish Council is concerned with the health, safety and general welfare of the citizens of this parish, together with the rights of all people to have peaceable enjoyment and use of their property; and

    WHEREAS, the occasional holding of garage sales on residential property is a common practice in most neighborhoods and generally permitted and supported for their promotion of community and the recycling of durable goods; and

    WHEREAS, the use of frequent garage sales on residential property as a source of regular income and revenue begins to generate adverse effects to the surrounding areas by way of increased traffic and other impacts generally associated with commercial developments; and

    WHEREAS, it is necessary to establish certain limitations and minimum standards for garage sales in order to assure they are not used as commercial endeavors in residential zoning districts.

    THE PARISH OF ST. TAMMANY HEREBY ORDAINS, that it amends the Parish Code of Ordinances, Appendix C (Ord. 523 Land Use Regs.), Section 2 to provide for garage sales as a permitted use in residential districts as follows, to wit:

Section 2 - Schedule of District Regulations

2.01        R Rural District

2.0102     Permitted Uses

        D. Miscellaneous Uses
          1. Garage Sales (See Section 3.03 Minimum Standards)

        D. E. Similar and Compatible Uses

2.02         SA Suburban Agricultural District

2.0202     Permitted Uses

        D. Miscellaneous Uses
         2. Garage Sales (See Section 3.03 Minimum Standards)

2.03         A-1 Suburban District

2.0302     Permitted Uses

                            PAGE 2 OF 4

        B. Miscellaneous Uses
         3. Garage Sales (See Section 3.03 Minimum Standards)

2.04         A-2 Suburban District

2.0402     Permitted Uses

        B. Miscellaneous Uses
         3. Garage Sales (See Section 3.03 Minimum Standards)

2.05         A-3 Suburban District

2.0502     Permitted Uses

         B. Miscellaneous Uses
         2. Garage Sales (See Section 3.03 Minimum Standards)

2.06         A-4 Single-Family Residential District

2.0602     Permitted Uses

         C. Miscellaneous Uses
         2. Garage Sales (See Section 3.03 Minimum Standards)

2.07         A-5 Two Family Residential District

2.0702     Permitted Uses

         B. Miscellaneous Uses
         2. Garage Sales (See Section 3.03 Minimum Standards)

2.08         A-6 General Multiple Family Residential District

2.0802     Permitted Uses

         B. Miscellaneous Uses
         2. Garage Sales (See Section 3.03 Minimum Standards)

2.17         MH - Mobile Home District

2.1702     Permitted Uses

         C. Miscellaneous Uses
         2. Garage Sales (See Section n3.03 Minimum Standards)

                            PAGE 3 OF 4
                    

    BE IT FURTHER ORDAINED that Parish Code of Ordinances, Appendix C (Ord. 523 Land Use Regs.), Section 3 is amended to establish minimum standards for garage sales, as follows, to wit:

Section 3 - Non-Conforming and Conditional Uses and Minimum Standards

3.03         Minimum Standards

        AU. Garage Sales

        1.    Definition - a “garage sale” is the occasional, non-business, public sale of secondhand household goods and other secondhand goods incidental to household use. Garage sales shall include any yard sale, home sale, patio sale, or any other sale similarly conducted.

        2 2.      Frequency; Duration - Not more than one (1) garage sale may be conducted by any person or upon any lot or parcel of land during any period of three (3) consecutive months. Such garage sales shall not be conducted for longer than two (2) consecutive days.

        3.    Other Sales Prohibited - The sale of personal property to the general public by means of a garage sale on any residentially zoned real property is prohibited except as permitted by this section.

        4.    Exemptions - The provisions of this section shall not apply to the following:

            a a.      Charitable or religious organization's occasional sales when the proceeds from such sales are used solely for charitable or religious purposes.

            b b.      Sales conducted pursuant to process or order of any court of competent jurisdiction.
    

    REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

    SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity shall not affect other provisions herein which can be given effect without the invalid provision and to this end the provisions of this Ordinance are hereby declared to be severable.

    EFFECTIVE DATE: This Ordinance shall become effective fifteen (15) days after adoption.

MOVED FOR ADOPTION BY: , SECONDED BY:

    WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN THE FOLLOWING:

YEAS:     

NAYS:     

ABSTAIN:     

ABSENT:     

                            ORDINANCE COUNCIL SERIES NO. 04-

                            PAGE 4 OF 4

    THIS ORDINANCE WAS DECLARED DULY ADOPTED AT A REGULAR MEETING OF THE PARISH COUNCIL ON THE DAY OF , 2004; AND BECOMES ORDINANCE COUNCIL SERIES NO. 04- .

                            
                            PATRICIA BRISTER, COUNCIL CHAIRMAN

ATTEST:

DIANE HUESCHEN, COUNCIL CLERK

                                
                                _____________________________________
                                KEVIN DAVIS, PARISH PRESIDENT

Published Introduction: November 26 , 2003
Published Adoption: , 2004

Delivered to Parish President: , 2004 at
Returned to Council Clerk: , 2004 at