With a few additions and subtractions, the City of Dresden Board of Mayor and Aldermen passed Ordinance 2011-04, an ordinance requiring permits for yard sales, regulating the conduct of the sales, regulating the number of signs permissible, establishing a time of removal of the signs and providing penalties for any violations.
The ordinance now reads as follows:
* Yard Sale – shall refer to and include all general sales, open to the public, conducted from or on a residential premise in any zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled garage, lawn, yard, attic, porch, room, auction, backyard, patio, flea market or rummage sale. This definition shall not include a situation where no more than two specific items are held out for sale and all advertisements of such sale specifically names those items to be sold.
* Personal Property – shall mean property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
* Permit – shall refer to the form that must be obtained, completed, submitted to and issued by the Dresden City Recorder prior to conducting a yard sale.
* Household – shall refer to the individual who applies for a permit and anyone who resides in that individual’s residence and;
* Town – shall refer to the Town of Dresden, Tenn.
2. Yard sale permit required. It shall be unlawful for any individual, group or corporation to conduct within a town a yard sale or permit a yard sale to be held within the town on residential property under the individual, group or corporation’s control without first obtaining a yard sale permit from the Dresden City Recorder.
3. Permitted signs
* A yard sale sign shall not be placed or affixed to a tree or utility pole.
* A yard sale sign shall not be installed or displayed sooner than the specified sales period and shall be removed at the end of the sales period.
* Should the yard sale for any reason not be held all signs, flyers, posters and bulletins advertising the yard sale must be removed no later than the scheduled last day for the yard sale.
4. Frequency and duration limitations; days and hours of operation.
* Three yard sales are permissible per household in any 12-month period. A second yard sale cannot be held sooner than 90 days after the previous sale.
* The maximum duration of any yard sale shall be two consecutive calendar days.
* The approved yard sale must be held within 15 days of the issuance of the permit for that yard sale.
* It shall be unlawful for any individual, group or corporation to conduct a yard sale within the town on a Sunday.
* Yard sales shall not be conducted prior to sunrise or after sunset local time.
5. Fee for permit
* The first permit issued to any household within any 12-month period shall be free.
* The fee for the second and subsequent permits issued to a household within the same 12-month period as the first permit shall be $10. All permit fees shall be paid to the City Recorder prior to issuance of the permit.
* Non-profit service organizations and charitable organizations may obtain up to two yard sale permits in any 12-month period without payment of fee.
6. Permits not transferable. No permit issued pursuant to the provisions of this ordinance shall be transferred.
* If a yard sale is not held on the dates for which a permit is issued or is terminated during the first day of the sale due to inclement weather conditions, and an affidavit by the permit holder to this effect is submitted to the City Recorder, the City Recorder shall issue another permit to the applicant for a yard sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee is required.
* A fifth yard sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the City Recorder.
8. Persons exempted from this ordinance. The provisions of this ordinance shall not apply to or affect the following:
* Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
* Persons acting in accordance with their powers and duties as public officials.
* Any sale conducted by any merchant or mercantile or other business establishment on a regular, day-to-day basis from or at the place of business wherein such a sale would be permitted by zoning regulations of the city, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor in which sale would be conducted from properly zoned premises and not otherwise prohibited by other ordinances.
* Any bona fide charitable, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for the institution or organization’s charitable purposes and the goods or articles are not sold on a consignment basis.
9. Violation. Any person who shall violate any provision of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of $25 and prosecution costs.
10. Enforcement. Any police officer if hereby authorized to act on behalf of the town.
11. Repealer. All ordinances or any parts thereof which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
12. Severability. If any provision, sentence, clause, section or any part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Board of Mayor and Councilmen that this ordinance would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not have been included therein.
13. Effective date. This ordinance shall take effect immediately upon its enactment.
The second reading and public hearing for this ordinance will take place at the November monthly meeting of the City of Dresden Board of Mayor and Aldermen at 6 p.m. on Monday, Nov. 1 at the Dresden City Hall.