Tuesday, August 26, 2014
Changes Made To Proposed City Of Lawrenceburg Yard Sale Ordinance
Although Lawrenceburg leaders deferred action during their last meeting regarding a proposed ordinance to establish yard sale rules and fees, they are expected to consider passage of a modified form of the ordinance during their meeting Thursday morning.
Lawrenceburg Mayor Keith Durham had requested that action be deferred on the matter during the Board of Mayor and Council’s August 14 meeting. Durham said he made the request in order to allow City Attorney Alan Betz time to review the proposed ordinance.
The modified version of the proposed ordinance has several changes including the elimination of the section regarding required permits and fees. The modified version reads as follows:
Ordinance number 1139 – an ordinance to establish rules for holding garage or yard sales inside the city limits of the City of Lawrenceburg, Tennessee.
Section I. – in general
I. Garage Sales, yard Sales, etc.
(a) Garage sales, yard sale, etc. means the sale or trading of clothing, furniture, household items, food, dishes, antiques or similar goods or merchandise, other than in the normal course of business, or the sale or trading of such goods, as outlined in this definition, by a person not regularly engaged in such business. Such goods or merchandise do not need to be attended for a sale to be deemed to be in existence. The term "yard sale" shall include garage sales, estate sales, carport sales and similar types of sales or events.
(b) Location and manner of yard sale.
Yard sales may be held on a lot or parcel of land upon which there is situated a house, apartment or other structure which is utilized primarily for residential purposes. Persons conducting sales held upon vacant lots or upon lots upon which there is situated a structure that is utilized primarily for any use other than residential purposes must have the express written consent of the owner of the premises.
(c) Number and duration.
Yard sales shall be allowed not more than three (3) times in any calendar year for any premises. No sale may run more than two (2) consecutive days. Property may only be displayed between the hours of 5:00 a.m. and 8:00 p.m.
(d) Display area.
All displays of yard sale merchandise shall be limited to that portion of the yard area which is at least five (5) feet back from the property line on all sides, and at last ten (10) feet back from any curb or road edge. Displays inside garage and carport areas are permitted. All items must be removed from the yard sale display area at the end of each sale.
(e) Religious and charitable organizations.
Religious and charitable organizations may conduct yard sales on the property of the organization or at other locations within the city with the expressed written consent of the owner of the premises where the yard sale is being conducted.
(f) Signage.
Yard sale signs located off-premises from the sale should be free standing and shall not be placed on public utility poles, road signs, etc. Signs may be placed on private property with the permission of the property owner. Signage should not be displayed more than 1000 yards from the site of the sale. All signage must be removed after the conclusion of the yard sale.
(g) Prohibited Acts.
No individual, firm, corporation or other partnership shall be permitted to engage in the business of promoting or conducting yard sales for others for a fee or other consideration. No yard sale shall be held on premises other than the premises of a least one (1) of the persons conducting the yard sale except with the express written consent of the owner of the premises where the yard sale is being conducted.
Section II – enforcement
Any person violating any of the provisions of this ordinance shall be guilty of an infraction and upon a first conviction thereof shall be punished by a fine. For second and third convictions, additional fines may be added.
