Sweden reforms garage sale law

It's unfair to punish many for the actions of a few. That was the sentiment offered by Town of Sweden resident Valerie Sarsfield during Sweden's public hearing on a proposed amendment to its one-year old garage sale law.

"There are more than 5,000 people in this town and we are being punished for the actions of five individuals," Sarsfield said. "We all have to suffer because of the actions of a few. The fact that you let such a small population affect a law that penalizes us all is not a nice way to do business."

Councilman Tom Ferris agreed but said that with the way the law presently reads there were a few individuals who were perpetually selling items in their front lawns. "Their continual selling of five items clearly contradicts the code passed last year," he said. "But that's why updates and amendments are made when situations warrant."

The current law includes an exception that reads, "This definition shall not include a situation where no more than five specific items are held out for sale and where all advertisement of such sale specifically names those items to be sold." This exception, two officials said, is where the loophole began that allowed individuals to bypass the intent of the law and operate perpetual garage sales, essentially turning a residential neighborhood into a commercial business district. The policy, when it was instituted was deemed necessary because perpetual garage sales break zoning rules, tie up traffic and are unsightly. In essence, it becomes a retail business and not a family garage sale in the traditional sense. Individual homes are not zoned for commercial businesses and that is what a perpetual garage sale is.

"Enforcement is the key element," Ferris said. "I agree it might be inconvenient to come to the town hall to get a permit but the inconvenience is outweighed by the perpetual sales. Whenever you draft a law, chances are it won't make everyone happy."

Following much discussion, it was proposed by Ferris to amend the law to include only the sale of single household items and only then up to five items per year. "If someone wants to sell all five items at one time, then they are done for the year," he said.

The newly amended law would allow individuals to sell a lawn mower or other items throughout the year on their front lawn. Individuals who want to run a garage sale at their homes are required to come to the town hall, fill out an application and pay a $5 permit fee.

Town code enforcement officer Bill Weber said that he is prepared to issue warnings and tickets to individuals who attempt to bypass the newly passed garage sale law.