Kevin Butler wrote:I quote Will Brown's post because it fairly goes to why I introduced this ordinance on behalf of the administration. Not because I don't like garage sales, but because unrestricted garage sales do not
preserve the residential character of our residential neighborhoods.
The standards in the proposed law -- which were introduced in draft form and will likely change for the better, frankly, in the committee process --
were not introduced to punish the law-abiding, or to take toy sales away from Jim O'Bryan's favorite child vendor. They were not born of a cynical conspiracy to
ruin people's days or take food out of mouths. They were introduced because Lakewood has no other legal way to enforce against constant sales at any one property, which is a known problem, albeit not a widespread one. (Ordinances rarely exist, after all, to prevent widespread problems but instead exist to impose community standards on the outliers. We do not use ordinances to congratulate the vast numbers of honest citizens in our midst; we use them to convict the very few petty thieves.)
Hi Kevin,
Thanks for jumping in here to provide information and perspective. It always makes me feel better to hear from you.
I have to tell you that restricting the law DOES punish law-abiding citizens and it DOES take toy sales away from the child vendor. You aren't attempting to change this ordinance in order to do this, but this is in fact, what you will accomplish.
It will now be ILLEGAL for that kid to be out there with his Hotwheels. Does he have a permit for that sign? No he does not. Is it one of his family's allowed two days? No it is not. Are you saying that of course you will turn a blind eye to kids having fun? Which kids? Selling what?
It's like the response one of my friends got about Kauffman Park. The restrictions weren't for people like her. She was told she could still come there, walk her dog, walk with friends, sit on the stands and chat or just look at the moon.
Well, one, that doesn't sound too good in terms of discrimination. And two, really? How does she know that? It says CLOSED. It is illegal for her to go in there. Is it illegal for me to go in there? I'm usually just walking and talking, but sometimes I'm laughing, the kids like to sing, and I am never as well-dressed as she is. What about me?
Can I clean out my garage as we intend to do this weekend, assemble all the toddler bikes and Playskool jungle gym stuff, and oversized plastic golf clubs and bowling pins, and yes, Hotwheels! in front of our garage and put out a sign that says, "Big toys for little kids! Great prices!" I don't know whether it will be Saturday or Sunday. It depends on the weather. Or it might not happen at all, if it stays this hot.
Is that one of my official two days? Do I have to get a permit? Does this permit cost money? What if I don't do it? Do I lose my one day? Did I waste my permit? Do these other cities make their citizens get sign permits? Does it cost money?
Are you guys hiring a new person to keep track of everybody this way now-- to make these new files and keep track of all of this, rather than to add to the ordinance something like--
"Week long garage sales are not permitted." Or
"After three days, sale items must be put away." How about that? I think that is an ordinance change we could live with.
This would get the job done in terms of "preserving Lakewoods' residential character" if by that you mean, no-one wants ongoing sales on someone's porch, or in someone's driveway.
But there is a lot more to "residential character" than this.
This threatens to damage residential character.
You said you weren't trying to "ruin anyone's day," and yes this will ruin my day if I can't do this anymore-- but more-- it will ruin the days of my neighbors who LOVE getting these kind of deals for their new babies and toddlers AND THEY LOVE MEETING THOSE FOLKS DOWN THE BLOCK who not only have great stuff for kids, but have advice for new parents, and might like to make a few mom and dad friends on the street. Easy and fun and safe. Middle class. One of the last places we don't have to put our residents in jail-- which is what happens with too many regulations. Planned communities are already in jail. We don't live there for a reason. PLEASE WORK TO PRESERVE WHAT IS SPECIAL ABOUT LAKEWOOD. TRUST YOUR RESIDENTS. Don't punish us for the "Outliers" as you call them.
You say that you want to preserve Lakewood's residential character. This IS Lakewood's residential character. Look deeper into what the true nature of Lakewood's neighborhoods is. Give us more credit. Let us celebrate being a community of neighbors who KNOW each other. Who like living close to each other. Who like sharing clothes and toys and advice over what to do about gutters or who to vote for in the next school board race. We are a community, and a strong one. We don't need punishing. We deserve celebrating.
And to another of your points, you ARE taking food out of people's mouths. Not a lot in the case of my family. Last time for us it was one dinner at Pearl of the Orient. The kids pooled their money and took US out, Mom and Dad, with the money they made selling their stuff. It is a dinner together that we would not have had otherwise.
Is that worth contacting the city? Getting a permit? Having the forethought with a big family to know that we will clean the garage and be ready for a sale on THIS day? And we'll make sixty bucks.
No. And I have friends who are really great at garage sales. Who make a thousand dollars because they are selling good stuff. Who have their labels ready, and lemonade made, and people to fill in when someone has lunch. This is a nice addition to income. In these times it might even be an important one. It is also really great for our neighbors to be able to get good stuff, from trustworthy people down the street, for a low cost.
Again, this IS our residential character.
Thank you for listening to me go through the examples of why it's important that we are allowed our freedom. It seems that you could restrict the rules in a different way. It seems that you should not abuse your citizens by punishing them for the excesses of the few. It does not work to imply, or say outright, that you will turn a blind-eye to those that are comporting themselves civilly.
It's legal or it's illegal. I'm either sneaking into the park with my kids or I'm not. I'm either conducting an ILLEGAL YARD SALE or I'm not.
I respectfully ask that you look into alternative methods for changing the ordinance. I will formally write this up to you and to the rest of the Council, and encourage my neighbors to do the same. I will repost the contacts you had in your post:
