At the Mansfield City Council meeting held on the evening February 20, council members voted unanimously to repeal and replace yard sale ordinance 2019-7 with ordinance 2020-1.
In the first section of that ordinance, the city sets forth definitions of garage, or yard sales. “‘Yard sale’ or ‘garage sale’ shall mean and include all general sales, open to the public, conducted from or any premises in any residential or commercial 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,’ ‘backyard,’ ‘patio,’ ‘flea market,’ or ‘rummage sale.'” This does not include businesses in a commercial zone where sales occur on a day to day business.
The ordinance goes on to define personal property, property owned, utilized or maintained by an individual or member of his or her residence and acquired in the normal course of living or in maintaining residence.
According to ordinance 2020-1, a permit is still required in order to conduct such a sale. That permit can be picked up at the public works department, and “members of more than one residence may join in obtaining a permit for a yard or garage sale.”
In order to obtain a permit, you must fill out an application within at least one day in advance of the proposed sale. That application requires the name, address, location and dates of the sale.
No more than five permits may be issued to one residential location, residence and/or family household during any calendar year. “If members or more than one residence join in requesting a permit, then such permit shall be considered as having been issued for each and all of such residences. No more than five permits may be issued for any commercial location during any calendar year.”
Additionally, sales cannot occur any earlier than 7 a.m., and last no longer than 6 p.m. on three consecutive days.
“Personal property offered for sale may be displayed within the residence, in a garage, carport, driveway, and/or in a front side or rear yard, but only in such areas. No personal property offered for sale at a yard/garage sale shall be displayed at any public right-of-way.”
The permit is to be posted on the premises in a place so it can be seen by the public, or any city official. Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence or commercial site where the sale is being conducted. Signs are not allowed on the city right-of-way. Those signs, according to the ordinance, must be removed at the close of sale, but no longer than one day after the last day of the sale. No sign, or any other form of advertisement can be exhibited for more than two days before the sale.
Anyone found in violation of the ordinance will be subject to a penalty of $25 per day for each offense.
