HomeMy WebLinkAbout2023-07-10 23-214 Ordinance 23-214 07/10/2023
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�`�' °�� Council Meeting Date: July 10, 2023
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`�°��'" ��� Item No: 23-214
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��.����p��.�` Action Requested: Ordinance Map/Lot: n/a
Title, Ordinance
Amending Chapter 302, Yard Sales, removing the requirement to obtain a permit prior to conducting a yard
sale, defining a perpetual yard sale, and prohibiting a perpetual yard sale.
Summary
This Ordinance Amendment would remove the requirements of sub-section 302-2 (B) of Chapter 302, which
requires that a permit be obtained from the Code Enforcement Office prior to conducting a yard sale. This
ordinance amendment would also define "perpetual yard sale". Currently, obtaining a $5 yard sale permit,
which is not available online, requires a citizen to travel to City Hall. Citizens who do come in to obtain the
permit frequently mention that it is a cumbersome process to do so and that they see examples of others who
don't obtain a permit for their sale. The process is not customer service friendly and certainly not followed by
all. The majority of yard sales are held during weekends when Bangor Code Enforcement Officers are not on
duty, so responding to unpermitted sales wouldn't happen until the following Monday when the sale would
likely be over. In the previous five years, Code Enforcement has received no complaints in regards to
unpermitted yard sales. A premise behind the need for a yard sale permit is to prevent the occurrence of
��perpetual yard sales". If the need for a yard sale permit is removed, zoning regulations already on the books
could be used to work with a property owner should this situation occur. In the previous five years, this
situation occurred once in 2018. In 2020, 126 yard sale permits were issued; 269 in 2021; and 264 in 2022.
At a fee of $5 per permit, this reflects $1,345 and $1,320 income from yard sale permits the past two years.
Committee Action
Committee: Business & Economic Development Meeting Date: May 2, 2023
Action: Recommended For:3 Against: 0
Staff Comments &Approvals
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City Manager City Solicitor Finance
Director
Introduced for: First Reading
23-214 07/10/2023
CITY COUNCIL ORDINANCE
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� Date: July 10, 2023
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���,,,�: � Assigned to Councilor; Schaefer
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ORDINANCE, Amending Chapter 302, Yard Sales, removing the requirement to obtain a permit prior to
conducting a yard sale, defining a perpetual yard sale, and prohibiting a perpetual yard sale.
WHEREAS, a permit with a $5 fee is required to be obtained prior to conducting a yard sale; and,
WHEREAS, a yard sale permit can only be obtained in person at City Hall; and
WHEREAS, obtaining a yard sale permit can be a cumbersome, non-customer service friendly process for
some citizens; and
WHERAS, Code Enforcement Officers are not available to respond to un-permitted yard sales on weekends;
and
WHERAS, zoning regulations are in place to respond to perpetual yard sales;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 302 of the Code of the City of Bangor is amended as follows:
Section 302.1 Definitions
YARD SALE
A sale of personal property owned or donated personal property upon a residential propert rL.
PERPETUAL YARD SALE
A sale of personal propertv owned or donated personal propertv upon a residential propertv for a period of more
than three consecutive days; or more than two yard sales of personal property upon a residential propperty in anv
one calendar vear.
����'iiim�ui�� �,���°,����°, Permit required.
No person shall sell or offer for sale personal property from any residential premises, as defined herein, except
as permitted by this chapter. Only the sale of donated personal property, as defined herein, and the sale of
personal property owned, used and maintained for personal use only by the seller and not for resale to the public
shall be permitted to be sold from residential premises;_
23-214 07/10/2023
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"^�~~�} '�~~�*~}�^��. Limitations. There shall be no sales of personal property upon
residential premises for a period of more than three consecutive days, and
there shall be no more than two sales
upon a residential premises in any one calendar year.
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���;�'iii��ui�� ��;,�����,m�������'� �,���,���°"� Violations and penalties.
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Any person, firm or corporation conducting any sale
in violation of anv requlation
under this chaqter shall, upon conviction, be fined not less than $25 nor more than $100. Each day of violation
shall constitute a separate offense for purposes of prosecution of violations of this chapter.
Additions are under/ined,• de%tions are��
IN CITY COUNCIL
JULY 10, 2023
COrd 23-214
First Reading
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CITY CLERK
IN CITY COUNCIL
JULY 24, 2023
COrd 23-214
Motion made and seconded for Passage
Vote: 7—0
Councilors Voting Yes: Davitt, Hawes, Pelletier, Schaefer, Sprague, Yacoubagha, Fournier
Councilors Voting No: None
Passed
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CITY CLERK