City mulls rule to curtail never-ending yard sales

City mulls rule to curtail never-ending yard sales

Mar. 1, 2001

CONTINUING YARD SALES such as this one on First Street at Maple would be regulated by the Cortez City Council under an ordinance being considered by the board.

By Janelle Holden
Journal Staff Writer

In an effort to crack down on year-round yard sales, the Cortez City Council is considering a draft ordinance regulating the seasonal sales of residents’ accumulated junk.

"Recently, the city has experienced yard sales that go on forever and appear to be a business more than a simple cleaning-out of a garage and/or storage shed," explained Cortez Zoning and Building Inspector Jeff Reinhart in a memo to council. ". . .These ’ are in competition with legitimate business owners who do pay retail sales tax and have other overhead, such as employee costs, associated with day-to-day operations. Labeled as a ‘garage sale’ or ‘yard sale,’ they pay no taxes."

At the council workshop on Tuesday, members of the city staff cited complaints from residents about allegedly never-ending yard sales on South Maple, Sligo, and North Beech streets that have caused traffic congestion and neighborhood "annoyance."

The Beech Street offenders were allegedly stealing clothes donated to the Good Samaritan Center and pricing them for sale in their own yard, according to city staff. Cindy Irvin, the manager of the Good Samaritan Center, said the family eventually moved, but she had to erect a "No Trespassing" sign and ask for donations only during business hours.

In response, the city staff and City Attorney Jim Hatter drew up a draft ordinance limiting residential property owners to two yard sales a year. Sales can only include items from the property or lease owners — effectively preventing the popular "multi-family" garage sale — and the property owners must have lived in the area for three months before hosting a yard sale. Any signs advertising the sale must bear the property owner’s name and address.

Possible penalties for violating the ordinance were not included in the draft. Currently, the city code does not require a license for yard sales, but Reinhart said the city would join the ranks of other Colorado cities such as Littleton, Thorton, and Evans if it did.

Council members Cheryl Walkenhorst and Jim Herrick expressed concern that the ordinance was over-regulatory.

"I just want to go on record that I am dead set against this thing," said Herrick.

"Can’t we beef up our business ordinance to address this?" asked Walkenhorst.

Mayor Joe Keck acknowledged there were problems with the ordinance, but he said, "I think this is workable. We just need to clean it up."

Keck asked staff to "take another look" at the ordinance before it comes up for formal consideration.

In other business:

• The council unanimously passed, on first reading, an ordinance to reduce a portion of the vendor’s fee — the percentage of city sales tax a business keeps for administering the tax.

Currently, Cortez businesses keep 3.33 percent of the sales tax they submit to the city. Under the ordinance, the businesses would keep only 1.33 percent — the remaining 2 percent will be pooled for marketing Cortez businesses as a regional trade center.

Since late 1999, representatives from the Cortez Chamber of Commerce have surveyed 243 businesses. Sixty percent, or 152 businesses, signed a petition in favor of reducing the vendor’s fee. Only 8 percent opposed the ordinance, and 7 percent were neutral. Forty-five businesses didn’t respond.

Sheryl Merritt, owner of the Dream Catcher, wrote a letter in support of reducing the fee.

"In summary, passing of the Cortez Retail Sales Enhancement Program would expand the economic viability, and consequently the quality of life in Cortez. . . . As a business owner, I am willing to give up a little, knowing that the benefits can greatly outweigh the costs," wrote Merritt.

But other business owners did not see it Merritt’s way.

"I am opposed to the idea of you taking the 60 percent of the vendor fee," wrote Guyrene Graffis, owner of Gene’s Automotive. "Between the city, state, and federal governments, it is getting impossible to keep a business operating, let alone to try to make a living. If there is one penny left unused, there is someone somewhere figuring out a way to get it in their pocket."

However, these detractors did not reduce the support for the enhancement program voiced by the council.

The fund will be administered under the Chamber of Commerce by a full-time salaried program director and eight-member advisory board that geographically represents businesses in Cortez.

Ronda Cluff, promotion and special-events coordinator for the Chamber of Commerce, said the program’s promotions will include four special events to promote retail sales, two of which will be improved Christmas and Krazy Daze celebrations.

The program is expected to start June 1, with an estimated $70,000 budget for the events and advertising. The council set a public hearing on the ordinance for March 13.

The council decided to hold a special meeting on March 19 at 4 p.m. to interview the eight candidates vying to fill Karen Garner’s former seat on the council. The applicants are Mary Bachran, Ken Banks, Christopher Chavez, Harold Foster Sr., Jeffrey Gardner, Dennis Robson, Gerald Wiltgen, and William Yocom.
Bob Diederich said the committee working on the proposed recreation center has suggested "Centro de Vida," as the center’s name. The committee will meet Thursday in City Hall at 6 p.m. with the architect to discuss the center’s design.