Contention over yard sale begins early

Land Planning and Development Chair Bobby Gupton distributed copies of the ordinance form of the yard sale regulations at the meeting of his committee on Wednesday afternoon.

The ordinance form was developed by City Attorney John Zollicoffer at the request of the city council at its February 13 meeting.

Upon reviewing the proposed ordinance, the text of which is available among today’s Home in Henderson‘s posts, Henderson City Council member Mary Emma Evans, a guest at the meeting, asked Gupton if yard sale items have to be something one already has.

“Suppose I have a dress and I don’t like it?” Evans asked.

Gupton responded that according to the ordinance, one cannot buy items for the purpose of reselling them at a yard sale.

Land Planning and Development Committee member Garry Daeke commented that if there is a rack of dresses from sizes 6 to 16, then that is a problem. He stated that it is obvious what is resale and what is personal property.

Later in the meeting, Evans asked about enforcement of the ordinance regarding church fund raisers and other charitable fund raisers. She noted that people often donate goods on consignment for such events and would, technically, be in violation of the ordinance.

Gupton responded by saying that he did not forsee anyone turning them in. He reminded Evans that enforcement is at the discretion of the city manager. Daeke further advised Evans that if the fund raiser were held at a church, school, or the Armory, enforcement of the ordinance would not be an issue.

Evans stated that she was just trying to make it clear in discussion.

Gupton asked Evans if she were suggesting other language. Evans responded, “No”.

Gupton informed Evans that her objections were duly noted.

“I plan to vote against it,” Evans informed those present.

The discussion then turned to penalties for violations of the ordinance, something that is not addressed in the ordinance itself. Gupton voiced a desire for something minimal upon the first violation and something substantial for the second violation. The discussion also ventured into whether or not the ordinance would be enforced and what the penalty might be. Henderson City Council member Elissa Yount, also a guest at the meeting, stated that it would be up to the city manager as to who would enforce the ordinance and how it would be enforced, noting that the manager has the ability to delegate the responsibility.