Ordinance No. 10-19-2017

ORDINANCE NO. 10-19-2017

AN ORDINANCE TO AMEND TITLE 4:  BUSINESS LICENSES AND REGULATIONS, OF THE ELKINS MUNICIPAL CODE BY ADDING CHAPTER 4.22:  GARAGE/YARD SALES

WHEREAS, the City Administration has received numerous complaints from citizens regarding ongoing yard/garage sales in residential areas of the City;

WHEREAS, ongoing yard/garage sales create additional traffic and noise associated with that traffic plus gatherings of people in areas of the City where the streets and roads are not designed for traffic congestion;

WHEREAS, ongoingyar/garage sales create parking issues in areas not designed for multiple vehicles around a residential unit;

WHEREAS, ongoing yard/garage sales are in the nature of business establisments and to the nature of residential home life;

WHEREAS, E.M.C. Chapter 4.20 has provisions which establlish a privilege fee for business establishments operating within the City;

WHEREAS, E.M.C. Title 14: Zoning provides certain areas of the City designated for Business Establishments to be safely and conveniently located;

WHEREAS, the City of Elkins' current municipal code does not contain any regulations relating to yard/garage sales;

WHEREAS, the City Council finds it necessary to balance the needs of residents to be able to sell unwanted or unnecessary items with the anticipated peace and quiet enjoyment of resident's private homes; and,

WHEREAS, it is recommended pursuant to A.C.A.  14-55-704, that the municioal code be amended to deal with yard/garage sales.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, that:

Section 1: Elkins Municipal Code Title 4:  Business Licenses and Regulations, the heading and the Chapters index is hereby amended to read as follows:

Title 4

BUSINESS LICENSES AND REGULATIONS

Chapters:

4.04  Electric Franchise

4.08  Gas Franchise

4.12  Telephone Franchise

4.16  Television Franchise

4.20  Occupation Fee

4.22  Yard/Garage Sales

4.24  Ambulance Service

Section 2:  Elkins Municipal Code is hereby amended to add Chaptere 4.22: Yard/Garage Sales as follows:

CHAPTER 4.22

YARD/GARAGE SALES

Chapters:

4.22.01  Definitions

4.22.02  Yard/Garage Sale Regulations

4.22.03  Permit Fee/Refund

4.22.04  Notices

4.22.05  Exemptions

4.22.06  Penalty

4.22.01 Definitions

For the purpose of this section, the term "yard/garagesale" shall include, but not be limited to, yard sales, patio sales, carport sales and any other sales from a residence in a residential zone of the city other than the sale of vegetable/fruit grown by the occupants.

4.22.02 Yard/Garage Sale Regulations

Yard/Garage sales as defined in Section 4.22.01 are restricted in duration to no more than three consecutive days per event and shall not be held in/on the same premises more than twice in any one calendar year.

4.22.03 Permit Fee/Refund

Every person, partnership, corporation or other legal entity desiring to host a yard/garage sale  shall apply and obtain a permit therefor, prior to the start of the event. The name of a responsible adult, residence address, location of event, duration of event, and phone number shall be required to apply for such permit.  Application shall be made to the Mayor's office or his/her designee.  There will be a permit fee of twenty-five dollars ($25.00) for each event with a twenty dollar ($20.00) refund if there is compliance with Chapter 4.22 and a request is made at City Hall within five business days of the last day of the event.  Permits must be obtained at City Hall during regular business hours, and they must be displayed at the event, clearly visible from the street and removed at the conclusion of the event.  Failure to request the twenty dollar ($20.00) refund within the time indicated will be considered a gift of said funds to the Elkins General Fund. All permits issued shall state the dates on which the event is being held.

4.22.04 Notices

No more than six (6) notices indicating a yard/garage sale will/is being held at a certain location may be set out twenty four (24) hours before the event is to begin.  The notices may be no larger than twenty-four inches by twenty- four inches (24"X24") and should be free standing.  Notices shall not be attached to utility poles, trees, buildings, traffic signs, etc., and they must be removed within Twenty-four (24) hours of the end of the final day of the sale.  For the purpose of enforcing the provisions of Chapter 4.22 and prosecuting violations of same, the fact that an address is given/listed on a notice advising about a yard/garage sale shall create a rebuttable presumption that the notice was placed by or at the request of one or more of the occupants at such residence.

4.22.05 Exemptions

Home businesses which are properly licensed (City, State, and/or Federal as required by law) and authorized under zoning regulations (Title 14, E.M.C.) are exempted from this Chapter.

4.22.06 Penalty

Persons, partnerships, corporations and any other legal entity violating the provisions of this Chapter as to duration, as to number of yard/garage sales in a calendar year, or as to requirements concerning notices shall be deemed guilty of a violation and upon conviction shall be punished as provided in Chater 1.32 E.M.C.

Section 3: In all other respects, Elkins Municipal Code Title 4 is not amended or modified and is hereby ratified and confirmed.

PASSED AND APPROVED THIS 21st day of December, 2017.

L. BRUCE LEDFORD. Mayor

Attest:

DELIA FOSTER, Recorder-Treasurer

 

 

Last modified on Thursday, 28 December 2017 16:23