In City Council

ORDINANCE

An Ordinance Amending "The Code of the City of Lowell, Massachusetts", with Respect to Chapter 11, by adding a new Article X entitled "Yard Sales".


BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOWELL, as follows:

"The Code of Ordinances, City of Lowell, Massachusetts, hereinafter called the "Code", adopted by the City Council on April 26, 1988, as Amended, is hereby further amended with respect to Chapter 11, by adding a new Article X entitled "Yard Sales" as follows:

ARTICLE X

SECTION 11-150:    DEFINITION.

As used in this article, the term “yard sale” shall mean the sale of any new or used household articles, or household goods to the public at large at any specific residential location, both indoors and outdoors, in all zoning districts.

SECTION 11-151:    PERMIT REQUIRED; LIMITATIONS.

It shall be unlawful for any person to conduct a yard sale within the City without first obtaining a permit therefore from the Department of Inspectional Services in compliance with the provisions of this Article X.  Any such permits and any such yard sales shall be subject to the following limitations:

(a)    The Department of Inspectional Services may issue no more than two (2) yard sale permits per year per               residential dwelling unit at a specific numbered legal address.

(b)    The Department of Inspectional Services may issue yard sale permits only to the owner of record or tenant of record of the residential property or residential unit upon which such yard sale is to take place;

(c)    A permit issued hereunder shall authorize a yard sale to take place for no more than two (2) consecutive Saturday and Sunday’s and only during the hours of 8:00 a.m. through 4:00 p.m.;

(d)    A permit issued pursuant hereto shall specifically state the name of the holder of such permit, the residential location of the permitted yard sale and the dates for which such yard sale is permitted;

(e)    No person shall offer for sale at any yard sale any articles, merchandise or goods which have been purchased for resale or articles for which such person is acting as a selling agent;

(f)    During the hours of such yard sale, a permit issued as required hereunder shall be made available for inspection upon request by any City of Lowell police officer or any representative of the Department of Inspectional Services;

(g)    The conduct of the yard sale shall not interfere with the orderly flow of pedestrian or vehicular traffic.

SECTION 11-152:    PERMIT APPLICATION.

The application for any yard sale permit shall be made by the owner of record of the residence or by the legal tenant of a specified residential rental unit, at or upon which such yard sale is to take place and shall be made at least 24 hours in advance of such proposed yard sale and shall set forth the following information:

(a)    the full name of the applicant and all other owners of record of the residential property at or upon which such yard sale is to take place;

(b)    the address at which the yard sale will be held and also the address at which the applicant resides and a telephone number at which the applicant may be contacted;

(c)    a brief description of the household articles, and household goods to be sold at such yard sale;

(d)    the proposed dates and hours of such sale.

Such application shall be accompanied by a $15.00 permit fee to the City of Lowell which fee shall be fully refundable in the event of the denial of any permit required by this article.

SECTION 11-153:    YARD SALE CANCELLATION; POSTPONEMENT.

In the event that the holder of a yard sale permit elects not to conduct such yard sale on any of the dates permitted, due to inclement weather or any other reason, such permit holder shall be entitled to conduct such sale on some further date after notice to and approval of the Department of Inspectional Services. 

SECTION 11-154:    YARD SALE SIGNS.

It shall be the obligation of the holder of a yard sale permit to remove any and all publicly posted notices of such yard sale by twelve (12) noon on the date immediately following the last day of such yard sale as permitted by the City.  Such sign for which a sign permit shall not be required, shall not exceed 2 feet wide and 2 feet long and shall not be affixed to any trees, poles or public property and shall not be placed in such a manner as to obstruct the view of pedestrian or vehicular traffic.

SECTION 11-155:    BUSINESS SALES.

Sales of merchandise or goods by a business at a “sidewalk sale” or open space located at a business address is prohibited unless a specific “business sale permit” for such has been issued by the Inspectional Services Department based upon regulations established by said Department governing such sales.

SECTION 11-156:    ENFORCEMENT.

This “yard sale” Article X shall be primarily enforced by the City of Lowell Police Department and alternatively by the Department of Inspectional Services.  Enforcement for violation of this Article X shall be by criminal complaint or by non-criminal disposition as hereunder provided.

SECTION 11-157:    PENALTIES.

(1)    Criminal Disposition:  Upon a criminal complaint, any person who violates any provision of this Article X shall be subject to punishment by a fine of up to one hundred ($100.00) dollars per offense, for each day or part of a day during which the violation is committed, as set forth in the following schedule:

    a.    First Offense:    Twenty-Five ($25.00) Dollars

    b.    Second Offense:    Fifty ($50.00) Dollars

    c.    Third and Subsequent Offenses:    One Hundred ($100.00) Dollars

(2)    Noncriminal Disposition: Any person who violates any provision of Article X may be penalized by a noncriminal disposition as provided for under Section 1-16 of the Code and M.G.L., C.40, §.21D, as amended.  A Police Officer or Inspectional Services Inspector enforcing this Article shall issue a "Notice to Appear" in Court.  The penalty for each violation shall be twenty-five dollars ($25.00) for each day during which the violation is committed, continued, or permitted.

All provisions of the Code of the City of Lowell, as amended, which are consistent with this Ordinance shall continue in effect but all provisions of said Code inconsistent herewith are repealed.

This Ordinance shall take effect upon its passage in accordance with the provisions of Chapter 43 of the General Laws of the Commonwealth of Massachusetts, as amended.