Peter Grossetti wrote:There is always this option ... ban yard/garage sales completely and do this twice a year:
http://downtownlakewood.org/citywide-streetsale/
Input is always good, this way the city can come up with reasonable set of guidelines.
Example below:
David Anderson wrote:Hello, all –
I’ll start off with an amusing wrinkle: The sale “Bobby” conducted is illegal under Lakewood’s current law (sales can only be held in the back yard or garage). So, while his story may be seen as a symbol what should be allowed to continue, a change to the ordinance is needed for Bobby to legally continue to do what he’s doing. I love irony. It’s so…well… ironic.
The proposed yard/garage sale ordinance was referred to the Housing Committee which I chair. The Committee held a hearing this past Monday at 6:00 p.m. to discuss what should really be considered the ordinance’s initial draft. A number of points, additions and adjustments were suggested. Council and the community should expect a second draft in the near future and I will commit to posting it here before the next Housing Committee hearing which is tentatively scheduled for July 9.
First off, as Director Butler stated, nowhere in the proposed ordinance does it suggest that the city require a yard/garage sale permit of any type. In addition, no council member attending Monday’s hearing suggested such a permit should be required.
Moving on, the first question in my mind is whether Lakewood needs to adjust/strengthen our rules regarding yard/garage sales at all. After conducting some research on my own and hearing Law Director Butler’s opening comments Monday night along with additional comments from Director Siley, I feel Lakewood would benefit from a restructured ordinance that supports yard/garage sales and provides clear and defined standards. Here’s why:
1. There are a handful of individuals who currently operate yard/garage sales on a habitual basis which places stress on a neighborhood and immediate neighbors. Steps are in place for folks to run a home based business as long as the business does not adversely impact the neighborhood. (Running a wood working shop out of a garage would likely not be allowed.) However, nothing is in place to prevent a neighbor from operating a yard/garage sale every day of the year. We have some residents who are currently holding weekly sales. One, two, four times a year is one thing. A weekly sale over a number of months is another.
I realize many might not think this is a high priority. However, it’s really important to neighbors living next to someone who’s operating a sale every week during most months of the year.
2. In addition but related, residents do not have access to a complete set of rules. For example, the time of day a sale can be held, number of sales in one calendar year and the duration of any one sale are currently undefined. While nobody is holding a 24 hour seven day a week yard/garage sale, a small handful are holding sales so frequently that the neighborhood is being impacted and neighbors are not able to enjoy their own yards.
As the Housing Committee chair, it is my role to listen to residents, hear the thoughts of my colleagues on Council as well as work with the administration to aim to strike a balance between preventing a house from becoming a de facto flea market while helping individuals hold successful yard/garage sales. Here are some specific points brought forward by the draft ordinance and discussed at the committee hearing.
Permits – Currently not required. Not suggested in the proposed draft ordinance. Not one person at last night’s hearing spoke in favor of requiring a permit.
Location on property – Currently only allowed in rear yard and/or garage. (Permission can be granted if the resident does not have a back yard or garage.) Perhaps we should allow for front yard use as well.
Time of day – Currently not specified. Proposed draft suggests 8:00 a.m.-6:00 p.m. which seems reasonable.
Number of sales allowed in one calendar year – Currently not specified. Proposed draft suggests up to two a year per property. Perhaps we should consider up to four per year.
Duration for any one sale – Currently not specified. Proposed draft suggests up to two consecutive days. Perhaps we should consider up to four consecutive days (Thur. –Sun.).
Signs – This will be a tricky issue because other ordinances exist that regulate signs in residential districts. Perhaps we should consider three signs temporarily displayed on the day before and during the sale.
Finally, I think questions regarding enforcement are important. The city will not be tracking yard/garage sales by sending a force out on the weekends to see whether those holding sales have gone over the limit. If passed, such an ordinance would, however, provide the city with a tool by which to approach the target of a complaint and have a conversation before things get out of hand (as it has already with a few situations).
Yard/garage sales are part of Lakewood’s fabric. I love them for the opportunity to meet neighbors, hear what’s happening on the street and buy the occasional $2 shovel. I have to keep in mind, though, that just because I don’t live next to someone running a weekly sale during every non winter month doesn’t mean that this isn’t an important issue.
Again, I commit to posting the new draft of the ordinance before the next Housing Committee hearing.
I appreciate the LO and the opportunity to post on this forum.
Yours in service,
David W. Anderson
Councilman, Ward 1
216-789-6463
