GunnyFreedom
06-16-2010, 02:09 AM
Here I go making waves again at my local newspaper. Below is an article that just appeared, along with my response. Unfortunately, a link would be useless as this site requires a subscription just to read the stories, so i have posted the article in it's entirety:
Youngsville looks into yard sale ordinance
By: CAREY JOHNSON, Times Staff Writer
STALLINGS
YOUNGSVILLE — Commissioners asked town staff to look into policy that would curtail home yard sales.
During the board’s meeting on Thursday, Commissioner Graham Stallings said he’s witnessed a residential yard sale in town that stretches the limits of non-commercial activity.
“... I’ve seen one the last five or six weeks in a row,” Stallings said. “It starts on Friday and goes through the weekend.
“I mean it’s knee-deep (in items on the lawn),” Stallings said.
Stallings said he would like to see the town develop an ordinance that limits the number of times a resident can host an event within a year.
Stallings said the most offensive yard sales are the ones that aren’t even taking place at someone’s home.
He said he has witnessed people use corner lots in heavily traveled areas selling their wares under the guise of a yard sale.
“We need to have an ordinance,” he said. “I mean, I’ve seen them with clothes strewn all over the place.
“We’ve got to do something.”
Currently, Youngsville Administrator Brenda Robbins said the town has no policy regulating yard sales.
By unanimous decision, the board tasked Robbins with reviewing the matter and bringing the commission some set of regulations for perusal.
“(If we take action) we can clean it up,” said Commissioner Leelan Woodlief.
Regulating yard sales can be a sensitive issue.
Currently, Louisburg and Franklinton have something in place to regulate yard sales.
Yard sales are defined in the Louisburg’s zoning ordinance as an occasional selling of household items, no more than two times within a 12-month period.
Generally, the issue is policed by neighbors, said Louisburg Planning and Zoning Administrator Tony King.
“In my career, it’s never been enforced,” King said.
Abuse, King said, generally comes from itinerant merchants who set up some type of sale in the middle of a commercial property.
“We have come in and told them to leave,” King said.
Franklinton regulates yard sales, also, but a bit more leniently.
There is no limit on the number of yard sales that can be held, however, from Monday through Thursday, items for sale must be removed on a daily basis.
They can be kept out overnight on Friday, Saturday and Sunday, said Planning and Zoning Director Tammy Ray.
The town’s regulations also limit yard sales to items that are incidental to the home.
Problems arise only if it’s proven that someone is operating a commercial entity disguised as a yard sale.
“The only problem we ever had was when someone was going out purchasing items and selling them (as a yard sale),” Ray said. “They were essentially running a business out of their home.”
“Unless (a yard sale) becomes habitual, it’s not a problem.”
Bunn doesn’t have any regulations regarding yard sales.
However, Town Clerk Judy Jeffreys said staff does keep an eye matters to make sure they don’t evolve into something that would be defined as a home business.
“Officially, we don’t have anything in writing except that if we see someone doing it on a regular basis, it could be a home occupation (business) and we have regulations on that,” Jeffreys said.
“... (But) if you’re having it every single Saturday, we’re not going to say anything unless we start having problems with traffic.
“We might look at that, but we don’t have anything that says you can’t have a yard sale every Saturday if you want to.”
Franklin County does not regulate yard sales, either.
County Planning and Inspections Director Scott Hammerbacher said the county only gets involved if a matter becomes permanent.
“We’ve had situations when it became permanent, where they had the same stuff on the property for weeks, and didn’t move it or cover it — it was out there 24/7,” Hammerbacher said. “We took action to cease that.
“But as for temporary yard sales, we don’t regulate those.”
It was not clear when Robbins would present Youngsville commissioners with a proposal, but she is investigating the matter.
and my response:
Please pardon my naiveté here, but what business is it of Commissioner Stallings what people can and can not do with their own private property? We are falling apart in a crisis here trying desperately to survive in an economy barely on life-support and our town commissioners are worried about t-shirts on someone's private property? Are you kidding me?
If Commissioner Stallings does not like these persistent yard sales then the solution is simple: he should not host one. If his problem is that he can't stand the sight of other citizens exercising their freedoms then I am sorry but with all due respect we live in a nation called "The United States of America" that was founded on the principles that we ought to be free to dispose of our property as we see fit.
Might I suggest that the reason we are seeing the growth of persistent yard sales is because people are unemployed and deeply hurting? Is Commissioner Stalling really prepared to take food out of the mouths of these people's children just because he may become offended at a wayward t-shirt on somebody's lawn?
Or is the issue a deeper one where he is offended that people are setting up a free market without the explicit permission of our elected overlords?
Perhaps I am just naive, but I was raised to believe in the fundamental principle of American liberty, and I quickly learned that freedom meant that others are free to do some things that I just might find offensive. I understand that some people may be willing to sacrifice the very fundamental principles that made America great just to avoid a moments annoyance or offense, but I for one stand in solidarity with President Thomas Jefferson who said, "I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man."
And yes, Commissioner Stallings, that applies here too. When a handful of people get to decide for our entire town what we are and are not allowed to do with our personal property, that goes against everything I have grown to love about this America which I am willing to die to preserve, and I believe that "tyranny" is indeed an apt description.
Youngsville looks into yard sale ordinance
By: CAREY JOHNSON, Times Staff Writer
STALLINGS
YOUNGSVILLE — Commissioners asked town staff to look into policy that would curtail home yard sales.
During the board’s meeting on Thursday, Commissioner Graham Stallings said he’s witnessed a residential yard sale in town that stretches the limits of non-commercial activity.
“... I’ve seen one the last five or six weeks in a row,” Stallings said. “It starts on Friday and goes through the weekend.
“I mean it’s knee-deep (in items on the lawn),” Stallings said.
Stallings said he would like to see the town develop an ordinance that limits the number of times a resident can host an event within a year.
Stallings said the most offensive yard sales are the ones that aren’t even taking place at someone’s home.
He said he has witnessed people use corner lots in heavily traveled areas selling their wares under the guise of a yard sale.
“We need to have an ordinance,” he said. “I mean, I’ve seen them with clothes strewn all over the place.
“We’ve got to do something.”
Currently, Youngsville Administrator Brenda Robbins said the town has no policy regulating yard sales.
By unanimous decision, the board tasked Robbins with reviewing the matter and bringing the commission some set of regulations for perusal.
“(If we take action) we can clean it up,” said Commissioner Leelan Woodlief.
Regulating yard sales can be a sensitive issue.
Currently, Louisburg and Franklinton have something in place to regulate yard sales.
Yard sales are defined in the Louisburg’s zoning ordinance as an occasional selling of household items, no more than two times within a 12-month period.
Generally, the issue is policed by neighbors, said Louisburg Planning and Zoning Administrator Tony King.
“In my career, it’s never been enforced,” King said.
Abuse, King said, generally comes from itinerant merchants who set up some type of sale in the middle of a commercial property.
“We have come in and told them to leave,” King said.
Franklinton regulates yard sales, also, but a bit more leniently.
There is no limit on the number of yard sales that can be held, however, from Monday through Thursday, items for sale must be removed on a daily basis.
They can be kept out overnight on Friday, Saturday and Sunday, said Planning and Zoning Director Tammy Ray.
The town’s regulations also limit yard sales to items that are incidental to the home.
Problems arise only if it’s proven that someone is operating a commercial entity disguised as a yard sale.
“The only problem we ever had was when someone was going out purchasing items and selling them (as a yard sale),” Ray said. “They were essentially running a business out of their home.”
“Unless (a yard sale) becomes habitual, it’s not a problem.”
Bunn doesn’t have any regulations regarding yard sales.
However, Town Clerk Judy Jeffreys said staff does keep an eye matters to make sure they don’t evolve into something that would be defined as a home business.
“Officially, we don’t have anything in writing except that if we see someone doing it on a regular basis, it could be a home occupation (business) and we have regulations on that,” Jeffreys said.
“... (But) if you’re having it every single Saturday, we’re not going to say anything unless we start having problems with traffic.
“We might look at that, but we don’t have anything that says you can’t have a yard sale every Saturday if you want to.”
Franklin County does not regulate yard sales, either.
County Planning and Inspections Director Scott Hammerbacher said the county only gets involved if a matter becomes permanent.
“We’ve had situations when it became permanent, where they had the same stuff on the property for weeks, and didn’t move it or cover it — it was out there 24/7,” Hammerbacher said. “We took action to cease that.
“But as for temporary yard sales, we don’t regulate those.”
It was not clear when Robbins would present Youngsville commissioners with a proposal, but she is investigating the matter.
and my response:
Please pardon my naiveté here, but what business is it of Commissioner Stallings what people can and can not do with their own private property? We are falling apart in a crisis here trying desperately to survive in an economy barely on life-support and our town commissioners are worried about t-shirts on someone's private property? Are you kidding me?
If Commissioner Stallings does not like these persistent yard sales then the solution is simple: he should not host one. If his problem is that he can't stand the sight of other citizens exercising their freedoms then I am sorry but with all due respect we live in a nation called "The United States of America" that was founded on the principles that we ought to be free to dispose of our property as we see fit.
Might I suggest that the reason we are seeing the growth of persistent yard sales is because people are unemployed and deeply hurting? Is Commissioner Stalling really prepared to take food out of the mouths of these people's children just because he may become offended at a wayward t-shirt on somebody's lawn?
Or is the issue a deeper one where he is offended that people are setting up a free market without the explicit permission of our elected overlords?
Perhaps I am just naive, but I was raised to believe in the fundamental principle of American liberty, and I quickly learned that freedom meant that others are free to do some things that I just might find offensive. I understand that some people may be willing to sacrifice the very fundamental principles that made America great just to avoid a moments annoyance or offense, but I for one stand in solidarity with President Thomas Jefferson who said, "I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man."
And yes, Commissioner Stallings, that applies here too. When a handful of people get to decide for our entire town what we are and are not allowed to do with our personal property, that goes against everything I have grown to love about this America which I am willing to die to preserve, and I believe that "tyranny" is indeed an apt description.