During the July 9th meeting the Board of Commissioners, there was also a discussion about a new yard sale ordinance. Fire Chief Jerry Harmon presented information to the Board; “We received several complaints from the residents in Dixie Hills about a yard sale happening every single week. Thursday, Friday, Saturday, Sunday. We sent Mr. Terry out and he actually shut the yard sale down. We’re trying to give a, create a definition of a yard sale and I’ve looked at the City’s ordinance and we got to fix this. What this guy’s running is a commercial business. He’s going out buying storage buildings, bringing new stuff in, new merchandise in every week.” Harmon mentioned complaints about traffic; “the neighbors are just tired of it.”
Harmon mentioned that many city’s ordinances allow five yearly, stating he had several examples.
Commissioner Jim Reid question Harmon; “have ya’ll reported him to the department of revenue?”
Harmon replied; “Not at this moment.”
Reid commented further; “Because if he’s buying and selling, one he’s supposed to have a business license, number two, he is supposed to be collecting sales tax, I don’t care if it’s new or used.”
Harmon commented; “We can’t issue him a business license because he’s in an R1 district.”
Baldwin commented; “I would say define yard sale, and yard sale is not something you went out and purchased, it’s not inventory.”
Baldwin made a further point; “I hate to bring this up, but he can’t have a warehouse in an R1 district.”
Harmon mentioned that he would provide the commissioners with a draft for a potential ordinance.
Wayne and Amy Adams commented on the shut-down. Wayne Adams stated that the code enforcement officer, Javaris Terry, who shut them down, never told them what the code for yard sales was and what was allowed. “Never got back. We went the next day to his office.” Wayne Adams stated how they were “trying to figure out what the rules were and everything, he just basically told us, no yard sales. None. You’re a business. Period.”
When asked if he ever mentioned why they were a business, Wayne Adams replied; “Because we get stuff that’s not our personal property, to sell it, and we’re not sure how you can prove what personal property is? If I buy something, and I have it in my house for a day, I don’t like it, I want to sell it.” He commented on the distinction. “Is that not my personal property?”
They mentioned talking with Doug Eaves, the County Administrator; “He was sticking to what Javaris said, you’re a business because you get stuff and then you sell it. I can see where that could be construed as a business. Understandable. But we’re trying to figure out the code. What’s the code for a business, and what’s the code for yard sales?” he commented further; “there’s no code for yard sales.” He summed up his understanding of the situation; “So with the ordinance, with what they said, everybody selling anything at their personal property needs a business license. So there’s no protection for yard sales. There’s no protection for anybody selling anything in their yard.”
When asked how often he had yard sales per year, Wayne Adams replied; “Roughly five to eight.” When asked how many days they lasted, he replied; “Three days.”
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