ORDINANCE NO. _____

AN ORDINANCE ADDING A NEW ARTICLE III, SECTIONS 16-55 TO 16-57, TO CHAPTER 16, PROHIBITING PERPETUAL, PROLONGED AND EXTENDED YARD SALES IN BOTH RESIDENTIAL AND COMMERCIALLY ZONED AREAS OF THE CITY OF LAMAR, COLORADO

            WHEREAS, Colorado Revised Statutes § 31-15-401 grants general police powers to the City Council to promulgate ordinances for the health, safety and welfare of the public; and

WHEREAS, City Council of the City of Lamar has determined that persons, organizations and or businesses have conducted yard/garage, rummage sales and or flea markets in either residential or commercially zoned areas of the City of Lamar and have left the areas cluttered with property for prolonged periods of time, impeded traffic and parking areas of surrounding residential homes or commercial businesses; and

            WHEREAS, City Council has further determined that said perpetual, prolonged and extended yard/garage, rummage sales and or flea markets should be regulated for the preservation of the public safety and welfare and compliance of both residential and commercial areas.

            NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, COLORADO:

Part 1: The Lamar Municipal Code, CHAPTER 16, is hereby amended by the addition of a new Article III, Yard Sales, Sec. 16-55 to 16-57, which reads as follows:

ARTICLE III. – YARD SALES

Section 16-55. - Purpose. 

This regulation is designed to control and restrict the number and time of any yard, garage, rummage sales and or flea markets in order to protect the public health, safety and convenience and to restrict such sales to casual and occasional occurrences only, in keeping with the character of the neighborhood where the activity is carried on in compliance with the City’s zoning regulations.  The intent of this Section is to eliminate perpetual, prolonged and extended yard, garage, rummage sales and or flea markets in residential and commercially zoned areas.  Such sales when continued indefinitely, become an unlicensed business when done in commercial areas and residential areas and creates a nuisance, causes traffic congestion, disturbs the peace of others, and can violate zoning regulations. Any person selling items for resale is required to hold a City of Lamar Business and Sales Tax License; as well as collect and remit sales tax to the City of Lamar.  This regulation is intended to treat any and all individuals and businesses with the same fairness and requirements. 

Section 16-56. - Definitions.

As used in this section, the following terms shall have the meanings indicated:

1. Yard Sale – Includes all general sales, open to the public, conducted from or on a residential or commercial premise or on any residential or commercially zoned property as defined by Chapter 16 of this Code, for the purpose of disposing of new, used or secondhand items of personal property, including but not limited to all sales entitled, “garage”, “lawn”, “yard”, “attic”, “porch”, “room”, “backyard”, “patio”, “flea market”, “moving”, “estate”, or “rummage”.

2. Personal Property – means property which is owned, utilized and maintained by an individual or members of his/her residence and acquired in the normal course of living in or maintaining a residence.  It does not include merchandise which was purchased for resale or obtained on consignment.

3. Resale Merchandise – means merchandise which was purchased for resale or obtained from other yard sale type locations, consignment or auction intended to resell.  

Section 16-57. - Restrictions of yard sales.

1. It is unlawful for any person, firm, organization or corporation to sell or offer for sale, under authority granted by this section, property other than tangible personal property.

2. It is unlawful for any person, firm, organization or corporation to allow a yard sale on commercial property or sell items for resale on commercial property without having or acting under a City of Lamar Business and Sales Tax License for the collection and remit of sales tax to the City of Lamar

3. Yard sales shall be limited in time to daylight hours and for three (3) consecutive weekdays or two (2) consecutive weekends (Saturday and Sunday) and limited to no more than four (4) times per calendar year at the same place. 

4. Goods may not be stored outside during non-daylight hours.

5. Members of more than one residence may join in conducting a yard sale at the residence of one of them.

6. Any person not in possession of commercially zoned property must obtain written permission from property owner and provide a copy to the City Clerk’s office to be included with their business/sales tax application.

7. The owner, occupant or tenant of the premises on which such sale activity is conducted shall be jointly and severally responsible for all conduct on property and shall not allow a hinderance to traffic, disturbance to the peace of others or access to another’s property, or violation of any other Lamar Municipal Code. 

8. All persons must follow both City of Lamar Municipal Code section 14-28, and 16-31, Posting of Handbills, Posters or Placards.

9. Any person convicted of violating the prohibitions of this Section shall be punished in accordance with the provisions of Sections 1-21 of this code. Each day an offense continues shall constitute a separate offense.

INTRODUCED, READ IN FULL AND PASSED on first reading this 23^rd day of June, 2025.

CITY OF LAMAR, COLORADO

KIRK CRESPIN, Mayor

ATTEST:

LINDA WILLIAMS, City Clerk

            INTRODUCED, READ IN FULL AND PASSED on second reading this ____ day of __________, 2025.

CITY OF LAMAR, COLORADO

KIRK CRESPIN, Mayor

ATTEST:

LINDA WILLIAMS, City Clerk

Published July 04, 2025

In the Kiowa County Press