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February 10, 2006

Yard Sales

yardsale.jpg

A reader e-mailed us the text below and asked that it be placed on the blog.


I believe that the newly implemented blog system at our city’s website should address the yard sale issue that the City Council has brought up. As a citizen, I am speaking up and would urge others to do the same.

I have lived in this town for fifteen years and have only ever had two yard sales during that time. But that's not the point. The point is that I do not believe it is the City Council's right to limit my freedom of having a yard sale if I want to.

I have not heard anyone address the question of why we need limits on yard sales. I can understand the city requesting that signs not be in the right-of-way (I wouldn't want to be the cause of a wreck) and off of the utility poles (their not mine anyway). The problems I have are with them telling me how many I can have, how big my signs can be and telling me to go pull a permit to have one! It’s not like I’m building a house! I’m having a yard sale, that at most, will last three days. Plus, if my signs are out of the right-of-way, why do you care how big they are?

How would the city benefit from yard salers getting a permit? Supposedly there wouldn't be a fee to get the permit, but they want to impose a $50 per day penalty if you violate any of their rules, including getting a permit. If there is no fee to get a permit, then why do you want us to pull one? If we don’t pull a permit and have a yard sale anyway, how are you going to know? Are we going to waste another city employee's time to visit all yard sales and request to see their permit? If a penalty is imposed, what will happen if I refuse to pay it?

As you can see, I have lots of questions that I would like for someone to address. Perhaps they have already been addressed and I just haven't been privy to the discussion.

Being a property owner is a responsibility. But there are certain rights and benefits that come with that responsibility. I believe that the City Council is overstepping into my rights and privileges by implementing this ordinance.

One more thing, I’d like to thank Mike Callis for voting against this measure at the last council meeting. He is the only Councilman that voted “no” to this ordinance.

This community needs to speak up and let their questions be answered and opinions be heard. If this ordinance passes without solid evidence that it is necessary, where will it end?

Tammy Brown

Posted by admin at February 10, 2006 02:35 PM

Comments

what would they do next, throw us in jail for having one too many yard sales, or fine us MORE taxes? I have talked to city hall til I am breathless about all kinds of issues and not getting anywhere.

Posted by: sam at April 9, 2008 11:55 AM

Yard Sale Signs and the Limitations on them -

I think this whole thing is ridiculous. Nothing is done about the tacky, trashy looking businesses around town, but let a housewife have a yard sale or post a sign....and the regulations are strictly enforced !! I'm wondering if the businesses in town think that our yard sales are competitors for their business....LOL LOL and want to put a stop to them.
When I held a BENEFIT yard sale last year for Relay For Life, a man from the City was very hestitant to say "ok" to my posting a ONE DAY sign at the top of High Street.
But when election time rolls around...I see no restrictions or shortage of signs....
Just more of Portland's silliness, as far as I'm concerned...

Posted by: DeeAnna at May 12, 2007 09:55 PM

here's something to ponder: who owns the car wash at the north end of town? probably someone of influence in town, dont know. that being said, that is the nastiest site second only to that trashheap has-been tool-die junkyard on the south end of town. the codes dept. needs to take care of theses eyesores before they worry another joe six-pack about his classic car in the back yard.
where are you tim, mike? i want to know what you think about this. i know the other councilmembers dont give a rats.

Posted by: digman at July 30, 2006 05:02 PM

I agree that the yard sale permit is a waste of time. All you have to do is drive around Portland and see that the city should spend some time and manpower cleaning up the streets and parking lots.

Posted by: Michael Contella at July 15, 2006 09:20 AM

Dear David,

My gripe is in the blog I left before this one. Here is a refresher:

I have lived in Portland all my life. As a citizen who owns their own property and pays the city taxes, I am against anyone telling me when I can or cannot have a garage/yard sale. The last time I personally had one was in 2002. I find it ridiculous that it has become an issue. I agree with the other person who commented that the city has bigger and more important issues to tend with than yard/garage sales. It angers me to think I need permission from the city to hold a sale. It angers me that I will have to make a special trip for a permit. I am a registered voter. I do go to the polls. Think about that when you people have your little meeting.

Posted by: Amanda at February 21, 2006 03:55 AM

Now David, do you see that I don't feel like I should have to ask or get a permit for a sale. I own my own property. I pay city and county taxes. Have you ever had your own sale? It is hard work. Cleaning, pricing, and organizing items. My husband thought it was easy till he had to help out. He changed his tune. We both think that making us pull permits is stripping some of our freedom as property owners. Oh and David, it affects me because I like to go to yard sales to shop(So I might have an occasional sale myself, but I go to sales alot.) Also I don't want my tax dollars given to an employee to run around and make sure we are all following the rules of yard sales. I thought you could voice your opinion on here. I wasn't expecting to be called out on my opinion. I wouldn't of personally attacked your comments, but there again you made me by addressing your comment with Dear Amanda. So David, and anyone else, this is my opinion. I stand behind it. The meeting is next week. We all will be watching.

P.S. If its only a penny for your thoughts, then why do you have to put your two cents in? Where did the other penny go? LOL

Posted by: Amanda at March 3, 2006 09:35 AM

Wow! Who would have thought something as simple as a "yard sale" would generate so much attention!
Having said that, and after reading all the comments, I have to add my two cents worth. My first reaction to such an ordinance/restriction, is like some others, "hey, it's my property and I don't like to have what I consider to be a right of freedom to be infringed upon," but then on the other hand, I live on a small cul-de-sac and after some thought (didn't take much either), I have to say that if my neighbors had a yard sale every weekend, it would propably get on my nerves too. Cars crowding the street, strangers coming and going, stuff sitting out in their yard all the time, yeah, I have to admit that would get pretty old. So, I guess I'm saying, that I can definitly see both sides, but at the end of the day, when all is said and done, ultimately some people overdo things and push the limits of their neighbors tolerance. I own my own home and it is not that big of a deal to get a permit for a yard sale, but I don't think I should have to pay for it. Maybe it could even be set up so that we could do it online, that would save someone a trip to City Hall...there are lots of options, but let's do try to keep our community clean and upgrade our standards...gw

Posted by: gw at February 24, 2006 10:02 AM

Amanda,

If you have not had a sale since 2002, then what is your gripe. This new ordinance is not intended for the occasional yard saler but for those who sale every weekend and never remove the items from their yard b/t sales. For some one like you, all you have to do is stop by city hall and fill out a form so it is on record of your sale. To me, this is better than the old way of filling out a form and a fee.

Posted by: david at February 22, 2006 07:10 AM

Tammy,

my goal was not to imply anything other than the fact that excessive garage sales are a small part of a bigger problem.

I don't think the city puts enough limits on what people can and cannot do. I come from a city of about 20,000 that was dying an agonizing death because it had a reputation of being a run down little town, with no hope. Within 2 years it became one of the fastest growing communities in the United States and here is why......

First of all, the people of the community developed a vision of what they wanted their community to be and look like, then they decided if the current "regime" was appropriate and would deal with the issues of concern. Obviously the current "regime" was not appropriate as they were voted out and a new mayor etc...were elected that had a vision and tangible goals for the community.

Within 2 years of this new mayor taking office, the community became the fastest growing community in the U.S. and here is why.

New ordinances were put in to place regarding properties that were considered run down. Those people that had run down properties were sent notice of what building standards were and how their buildings were in violation of these standards. They were given 90 days to bring the building up to standards. If they did not, the city would come in and do it and add it to owners city property taxes. It did not take very long B4 the atmosphere changed and this little run down community began to flourish. Why, because the standards were raised. People will only rise to the standard that is expected of them. The population has nearly tripled in the past 10 years and the retail and tax base has benefited in way's they never could imagine.

This community does alow garage sales, only on weekends and only by permit.

There were those that were not pleased about this and raised a big stick, but those same people are now reaping the benefits of a quickly growing community and the financial rewards that come along with it.

I believe we should do something very similar in Portland, I've seen it work very effectively. So what we have to ask ourselves is this....

Is the current "regime" appropriate to the future of Portland. Do they have a vision for growth, from the bottom up!? Will they enforce and enact ordinances that will beneift Portland without being worried about being "politically Correct"?

Posted by: Jonathan at February 21, 2006 09:33 AM

I have lived in Portland all my life. As a citizen who owns their own property and pays the city taxes, I am against anyone telling me when I can or cannot have a garage/yard sale. The last time I personally had one was in 2002. I find it ridiculous that it has become an issue. I agree with the other person who commented that the city has bigger and more important issues to tend with than yard/garage sales. It angers me to think I need permission from the city to hold a sale. It angers me that I will have to make a special trip for a permit. I am a registered voter. I do go to the polls. Think about that when you people have your little meeting.

Posted by: Amanda at February 21, 2006 03:55 AM

I am glad to see so many comments from both sides of the spectrum. I started typing out as many answers as I could for all of the questions asked in the various postings, but it would be so huge, most of you probably would not want to read it. Also, you won't get the input from other Councilmen on this site. This is going to sound like a put off, but I would encourage you to come to the public hearing regarding this ordinance March 6 at City Hall. I WANT to know what the various people (for and against this ordinance) think about the ordinance and how it might be improved. The public hearings usually start at 6:30, but with so much interest in this ordinance, it may get pushed up to 6. Keep an eye on the newspapers for any changes. This would allow you to get all of you questions answered, and get te opinions from more than just me and Alderman Callis.
Also feel free to email me at TCoker@cityofportlandtn.gov with any specific questions you have that I might be able to answer.

Posted by: Tim Coker at February 17, 2006 07:15 AM

I don't appreciate the city telling me what I can and can't do on my own property but I do agree that the yard sale epidemic has gotten out of hand. My thought is to do away with the sales altogether and have 1 BIG sale once a month in one of the parks. The city could rent spaces. If the sales were advertised people from other towns would come and this would mean more money for Portland. The ordinance is stepping on peoples rights and not bringing any money to the table. Also I agree with George, there are bigger things to worry about in this town.

Posted by: Debra at February 15, 2006 07:38 PM

Yard sales blog down traffic and cause accidents? Maybe so, but it's small potatoes compared to the five million 18-wheelers that go through our town every day and have killed numerous people.

As far as people leaving their signs at intersections and various places after the sale is over? Those are the people you need to fine. After the sale is over, perhaps on Monday morning, (presuming that the sale ended on Sat), addresses are typically are on the signs. Fine the people who don't pick up their signs. At that point, you could even go as far as to say they are littering, after a sale, that would be considered trash.

I think there are lots of options that could be considered and discussed before this particular ordinance is put into effect.

Honestly, I believe the city council is addressing small issues, such as this yard sale issue, compared to lots bigger problems I see in this town that are being ignored or overlooked.

Posted by: George at February 13, 2006 07:27 PM

If there are valid reasons for the ordinance, I honestly don't have a problem with it. I just want to know the reasoning for the ordinance. I've not seen any newspapers address this issue. Perhaps it was discussed at the first reading and that's why I asked for someone to answer the questions that I listed, because I wasn't there. As of yet, nobody has addressed the issues I raised.

I do agree with the posters that mentioned people who have a "yard sale" every weekend. I agree that is not a yard sale, but a business. Tim mentioned that he thought the ordinance now reads that someone can have four yard sales a year. If that is so, the ordinance as it stands isn't being upheld. So if this new ordinance passes, how will it be enforced? It doesn't make sense to pass an ordinance without a plan to put that ordinance into effect and see the roadblocks before they become reality.

Jonathon, if you'd read my blog correctly, you would have noticed I said I've had 2 yard sales in 15 years. This ordinance will NOT affect me in a negative impact. I take pride in having a neat, properly manicured yard. I don't think it was very nice of you to imply just because I want to question the reasoning behind an ordinance, that you automatically assumed it affected me.

The only way it effect me (and every other city tax paying citizen)is by the city council telling me what I can and can't do on my property. I understand that having a yard sale on my property can effect my neighbors and the city. I wouldn't purposely cause harm to either.

Bottom line for me is this, I still have lots of questions that I don't have answers to regarding this ordinance.

Posted by: Tammy at February 13, 2006 04:40 PM

I do think there is a fine line in telling people what they can do in their own yards but I agree with setting a limit. I live on a busy street right by a telephone pole that is used way to often to hang signs that no one bothers to take down.Freecycle is a great way to rid of unwanted stuff.I hate that we have to send boundaries because a few take it way way to far.

Posted by: ara at February 13, 2006 03:00 PM

I moved to portland just recent first i was suprised to see how it has grown since i left 30 years ago.I noticed as well that there was so many yard sales in the city limits.They made the town not look so good.Where i lived before coming here we had what they called first monday which meant the 1st monday every month there was a sale but it was located in one place and there was pleanty of parking so if someone has the land it seems that would be a good idea they could rent the lots or booths for it they even had where they had animals for sale with papers.You could find about anything there.Maybe the town can make it they get a percentage and could use the money fixing up the town we sure can use some help to the medical needy people here that has no insurance and need medical help.

Posted by: Sharon at February 12, 2006 10:44 PM

I am not in favor of telling people what they can or can not do with their property in most cases. However, as is usually the case, there are a few people who are going hog wild with yard sales that ruin it for everyone else.
There are a lot of people in this town who have a few yard sales a year. They are very neat, they advertise in the paper and place a few tidy signs in heavy traffic places, and everything goes well, and I think that is great.
However, there is a growing number of people who seem to have a yard sale every other week. Some have one every week. This is not a yard sale in my opinion, that is a business.
My main concern in supporting this yard sale ordinance has to do with the traffic. Over the warmer months, there were many times I saw cars parked at yard sales creating a nuisance to the other vehicles trying to get through. In one instance, there were cars parked on both sides of a S curve. Someone is going to get killed.
My main support of getting a permit for a yard sale is so the City can tell where they are going to be and our police can enforce our traffic ordinances and keep everyone safe as they frequent these sales and for those who are just driving by.
Currently, I think the ordinance allows four yard sales a year. There are, at most, like seven or eight months when yard sales are being held. How much junk do you have to accumulate to need to have more than four yard sales in that seven or eight month period? I think it is more than fair to allow for that many sales a year.
These things are not supposed to be a business where merchandise is constantly being sold. They are meant for people who have done some spring cleaning and the like and are trying to make some money off of their unwanted items. Buying things with the intent to resell it to someone else, as some are doing at these things, is a type of business. If you are doing these things for profit, get a license like all the other businsses have to.
That's my two cents.

Posted by: Tim Coker at February 12, 2006 08:33 PM

My sister and her family stayed with us for 8 weeks during the aftermath of hurricane Katrina. We had 7 extra people in our house and they all said at least once, if not more, that they could not believe how many yard sales there were in Portland. And they only saw mostly main roads (109 & 52)!!

It seems that there are many people here who shop yard sales and flea markets one week and then set up their own yard sales the next week to sell what they bought the week before! I have to admit that a lot of the yard sales do seem kind of trashy looking as you drive down the road.

I don't know if this was addressed, but I would love some type of regulation about how far the diplay need to be from the road, too. Cars slowing to look and stopping suddenly cause a major safety problem.

We have lived in Portland for a little over 2 years and agree that it could definitely use a clean up. Codes/ordinances need to be set AND enforced for building and property upkeep.

Posted by: Denise at February 11, 2006 09:01 PM

David,

I could not agree with you more. I have said it b4, Portland has a reputation of being a dumpy little town and that has to change. I don't have a problem with people having garage sales, but, I say it is about time somebody starts doing something about making this city more appealing.

This is a first step in the right direction. The next step is getting these dumpy buildings either cleaned up or torn down. No matter what direction you come in to town from the first impression is not good. From I-65 as you are coming in to town you see Old beat up mobile homes and little many little houses that need attention.

From the south on 109, there are several places that come to mind. There is a machine shop that has all kinds of junk out in front of it and there is an auto repair place that half of the times has cars nearly sitting out in the road. Once in town, there are old run down buildings that need attention, the buildings near O'reilly come to mind. This is just a start.

Tammy,

Seems to me if your are having more than 2 garage sales a year, you may be one of those properties that needs to be cleaned up!

I agree with the limit, but its just a start!

Posted by: Jonathan at February 11, 2006 10:21 AM

The reason for the implementation of this ordinance is to limit some people who make yard sales a business in their neighborhoods. I can thinks of citizens around Portland who are out every weekend (thurs-Saturday) conducting yard sales of their unwanted items. Personally, that is very tacky for our town. There are flea markets around that people can set up shop. Your front yard should not be a business of selling your unwanted items. The only reason for the permit is to keep track of how many one has a year. The yard sale concept has gotten out of control in Portland. I am for the ordinance. There are people in this town that are selling pure junk, and then they leave it out in the yard till next weekend or go dump it on the side of the road in front of Portland Cares.
Most of the people who put of yard sale signs never go back and pick them up. There are even realtors who never pick up their signs. Just plan tacky to see trash in our intersections because someone refused to go recollect their signs. Things have gotten out of control in this town and I am glad to see limitations being set to make our community look better. Be glad you are allowed 2 sales a year. I know of places that will not allow them period.
If you have only had 2 sales in your 15 yrs in this town, then why are you acting like you have been impacted tremendously. We have elected these alderman to run our town. Whether they are attracted businesses, residence, dispersing money. If we want more things to come to our town, then we have to clean it up.

Posted by: David at February 10, 2006 07:20 PM

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