Publication select ▼ST. CLAIR SHORES — At its meeting on May 18, the St. Clair Shores City Council voted 5-0 to approve an ordinance regulating garage sales.
Councilwoman Candice Rusie and Councilman and Mayor Pro Tem Ronald Frederick were excused for the meeting.
According to items attached to the meeting’s agenda, at a Feb 7 study session this year, the council gave its input on a proposed ordinance regulating residential garage sales. City legal staff later wrote a draft of the ordinance and used the council’s recommended revisions.
“Staff requested guidance regarding whether the sign provisions conflict with United States Supreme Court precedent governing sign regulation; whether the ordinance draft is complete; how the ordinance should be organized within the City Code; and whether existing provisions of the Code should be amended for consistency,” the agenda items said.
City Attorney Robert Ihrie recommends the ordinance be listed under chapter 10 which is the business and licensing section. At the meeting, the ordinance was filed under Chapter 30 which is dedicated to signs.
“The major change proposed to the ordinance is the inclusion of a definition that includes all forms of sales, including estate sales,” the agenda item states.
St. Clair Shores Community Development & Inspections Director Denise Pike said at the time they noticed a few cases in the city that had excessive garage sales, but the ordinance did not accurately regulate those.
“What is being proposed this evening is a(n) ordinance that is specific to garage sales that would expand our current garage sale ordinance which is contained within signs to include a definition of what a garage sale is,” Pike said.
It would include the definition of garage sales to include estate sales. It also would delete the garage sale section of the sign ordinance which is already regulated under the new ordinance.
Councilwoman Linda Bertges asked for a clarification about how the limit of three sales is chosen and how that will be tracked or enforced. Pike said the three-day requirement is already in the ordinance and the particular days are at the discretion of the person holding the garage sale. The department tracks garage sales by the permits.
“For the citywide garage sale, that is not something we include in your three garage sale allowances,” Pike said.
Bertges asked about notices or information to educate the public about the new rulings. Pike said the only thing that is changing is the definition of what a garage sale is.
“All of the other things that we have are already included in what’s allowed under the sign ordinance,” Pike said.
She said the city can provide the information to the public so those who host estate sales understand they are now regulated under the sign ordinance. She also said the city has always enforced that as if it were under the ordinance, but now that is made clear.
Ihrie said block sales with five or more sales only require one permit, but that each residence will be listed on the application.
“But only one actual permit and permit fee will be required according to the way that the ordinance reads at this point,” Ihrie said.
Councilman Chris Vitale said to the average person this will mean nothing.
“We’ve had some rulings at the district court on several different ordinances where things have been interpreted very literally and we unfortunately do have some people who abuse this and turn their houses into, like, weekend Dollar General,” Vitale said.
He said the city will cite them for a garage sale and the individual will allegedly explain that it is an estate sale.
“And then they’ll come back again, run three of those and try to say, ‘Well, this one’s a rummage sale,’” Vitale said. “We’re expanding this now so there’s no more game playing being done because, you know, it sounds like a minor thing but if you live next door to somebody who runs a constant garage sale, that’s not a lot of fun.”
Councilman Dave Rubello asked what the punishment is for those who go over the limited three garage sales. Pike said it is a civil infraction.
There are no fee changes to the garage sale permits.
Councilman John Caron clarified that an individual can have up to three garage sales in a calendar year and that each can be for up to three days. This same goes for estate sales.
For more information, go to the city’s website at scsmi.net.
