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Published: Jun 09, 2009 09:09 AM
Modified: Jun 10, 2009 03:29 PM

Controversial yard sale regulations win town approval
 
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ZEBULON — The town board approved regulations limiting yard sales in the city limit under certain circumstances at their board meeting last Monday.

Those interested in holding such sales will need to acquire a permit. The permit, which is free, entitles its holder to sales lasting no longer than two consecutive days, with no more than four sales taking place in one calendar year. Also, 30 days’ time must pass between each sale period.

As the board passed the amendments to the yard sale ordinance the importance of the sales taking place on residential property was stressed.

Mayor Bob Matheny questioned a community’s right to hold a joint-sale, although he was reminded that any sale from more than one entity is technically a flea market. Matheny said he believes it would be OK to hold such a joint sale as long as there is a way to police where, when and how long it can run. He later noted once a year seems reasonable “just on an occasion where groups that live close to each other get together.”

The way the ordinance is written, flea markets or consignment sales are governed under a different set of ordinances. Matheny said holding a community sale is certainly different than a typical yard sale, but he questioned how easy it would be to distinguish those close together from those neighbors just down the street. He said it might be even more difficult to get such stipulations into writing.

“Considering the four yearly dates, it just seems a group of, say, four families should be able to meet once a year,” Matheny said.

Planning Director Mark Hetrick said other towns ordinances on yard sales vary across the board — he’s seen some towns that charge $25 for the permit, and others that limit the sales to two per year.

Commissioner Dale Beck said there should be no charge to the individual regarding the permit.

“They might not even make $25 in a yard sale,” he said.

Commissioner Curtis Strickland made the motion to pass the ordinance as the planning department had written it and as town staff had recommended it for approval — not including the allowance of community sales. Beck seconded the motion.

Commissioner Don Bumgarner liked the idea of once-a-year community yard sales and suggested an amendment be added to include them in the ordinance, but the board pushed on to vote on the text as presented.

The ordinance passed 3-2. Bumgarner and Commissioner Roy Collins voted against the rules.

“I’m thinking this will come back to us again,” Matheny said.

Contact Aaron Moody at 269-6101 or amoody@nando.com.
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