May 23, 2023
By: Dwayne Page
A yard sale is a convenient and effective means for residents to sell things they no longer want or need. Hardly a week goes by that someone, somewhere in the City of Smithville doesn’t have a yard sale. But some apparently are having yard sales much more often than most. City officials have taken notice of that and want to put a stop to it.
During a special called meeting Monday night, the Smithville Mayor and Aldermen adopted on first reading a “Yard Sale” ordinance to establish regulations for those who wish to conduct a yard sale of their own personal goods on privately owned residential property. Second and final reading action will be scheduled at a meeting to be announced in June.
Mayor Josh Miller said this ordinance is not an all-out attack on those who want to have an occasional yard sale. Instead, he said the ordinance targets those, and only those who are basically operating nearly every day from their front yards as a business or flea market in a residential zone without a license and calling it a “yard sale”.
Mayor Miller said both the Police Chief and City Judge requested that an ordinance be adopted to put regulations in place.
If adopted on second and final reading, anyone wanting to have a yard sale in the City of Smithville would have to apply either written or orally for a permit from the city, at no cost. The applicant or applicants for a permit must provide their full name and address and a statement that the goods to be sold are their own personal property and have not been acquired or consigned for the purpose of resale. The permit is to set forth the time and location of the yard sale and no more than four such permits may be issued to one residential or non-residential location, residence, and or family household during any calendar year (January 1 through December 31). There would be a minimum of 30 days between sales at any one residence, premises, or location. Times for the yard sales must be between 6 a.m. and 6 p.m. for up to three consecutive days. Members of more than one residence may join in obtaining a permit for a yard sale (for the group) to be conducted at the residence of one of them. However, such permit shall be considered as having been issued for each and all such residences (in the group).
The term yard sale in this ordinance would also apply to “garage sales”, “lawn sales”, “attic sales”, “porch sales”, “room sales”, “backyard sales”, “patio sales”, “flea markets”, or “rummage sales”.
Under the proposed ordinance, goods in the yard sale may be displayed outdoors on the property after 5 p.m. on the day before any yard sale is lawfully held and must be removed by no later than 8 p.m. on the date that the yard sale is held. The yard sale goods may only be displayed within a residence, in a garage, a carport, a driveway, or in a front, side, or rear yard. No personal property in the yard sale shall be displayed in or on a public right of way. A vehicle in the yard sale may be displayed on a permanently constructed driveway within such front or side yard.
Signage promoting a yard sale is also regulated under this proposed ordinance.
Only the specified signs may be displayed in relation to a yard sale. Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence or residential site where the yard sale is being conducted. Two directional signs of not more than two square feet are permitted, provided that the premises on which the yard sale is conducted is not on a major thoroughfare, and written permission to erect such signs is received from property owners on whose property such signs are to be placed. No sign or other form of advertisement shall be exhibited for more than two days prior to the date the yard sale is to commence. Signs must be removed at the close of the yard sale activities. No yard sale sign shall be posted on any utility pole, street sign, or other public property.
The proposed ordinance would not apply to court-ordered sales by executors or administrators in settlement of estates, a person selling goods pursuant to an order of process of a court of competent jurisdiction, sales of personal property which are advertised by newspaper or radio for private appointment only; all businesses and establishments properly licensed to conduct retail or wholesale sales, any sale conducted by any merchant or business establishment on a regular, day to day basis from or at a place of business where such sale is permitted by zoning regulations of the City, or any other sale conducted by a manufacturer, dealer, or vendor when such sale is conducted from a properly zoned premises and when not otherwise prohibited by other city ordinances.
Anyone found violating provisions of this proposed ordinance, after passage, could be subject to having their yard sale terminated by the Smithville Police Department and would be subject to a civil penalty in city court of up to $50 per day for each day the violation occurs plus court costs. Police are also authorized to terminate a yard sale if it is found to impede traffic flow or cause a traffic hazard in the City of Smithville.