Rock Falls clarifies garage sale code

ROCK FALLS – City resident Kayla Koester has a sophisticated system in mind for her garage sales, but the law tends to get in her way.

Koester, who lives in the 1300 block of 13th Avenue, was at Thursday’s Ordinance Committee meeting to get clarification on how she can mastermind the sales.

“There seems to be some confusion about what you can and can’t do,” Koester told the committee. “I’ve asked about it in Sterling and Dixon, and they said they don’t have anything in their ordinances about garage sales.”

Koester’s system is largely based on weather, so she would like to see the city expand the number of days allowed to accommodate more rounds of her children’s seasonal clothing.

“The ordinance says I can only have sales 6 days a year, but I do seasonal sales, and I think you should make it 21 days,” Koester said.

Mayor Bill Wescott said the city’s ordinance merely mirrors the state statute for garage, yard and rummage sales. The law distinguishes between garage sales and a secondhand store that would need a business license and be subject to taxation.

“A maximum number of days a year must be set before sales tax would be collected, or a business license must be secured,” Wescott said.

While all cities don’t have a specific ordinance drawn up for garage sales, what the state has on the books must be followed.

Koester also asked if lot size played a role in garage sale governance.

“My house is on two lots, so am I allowed to have more sales?” she asked.

Because the law applies to a residence, the lot size would have no bearing, she was told.

Koester also wondered if she could have a sale at a business’ parking lot.

“It’s private property, so if the owner lets you, they take all of the responsibility for what happens there,” Wescott said.

Alderman Rod Kleckler said residents’ complaints also warrant that the number of sales be limited.

“There tends to be a lot of noise with some of these, and you get the early birds there at 5 a.m.,” Kleckler said. “They can also block traffic and just be a nuisance for neighbors.”

In other matters, Sewer Department Superintendent Ed Cox was given the OK to begin work on an ordinance that would apply to sewer customers living outside the city limits.

The pre-annexation agreements now used by the city doubles the flat rate on sewer bills until the ratepayer is brought onto city water service. Some residents just outside the city limits are using well water, but have city water infrastructure set up at their property.

“We have three options – we can let it go, cut them off, or charge more,” Cox said.

City Administrator Robbin Blackert said the issue becomes a matter of fairness.

“I don’t know how you can explain to the ratepayers in the city that they are paying more on their bills, and paying property taxes for city water and sewer infrastructure, when everyone is using that infrastructure,” Blackert said.

Annexation of contiguous areas requires an ordinance change, so Cox will work on the language with the city attorney.

Rock Falls ordinance

Sales of secondhand merchandise in residentially zoned locations:

(a) Sales of used or secondhand items or merchandise, where such merchandise is displayed and members of the public are invited to a specific location to view and purchase the merchandise, when the location of display is zoned for residential use shall be conducted in accordance with the requirements of this section only. Such sales are sometimes commonly known as "yard sales," "garage sales," "rummage sales" or other similar designations.

(b) Such sales of secondhand or used items or merchandise shall not be conducted or held at any single address or location within the city on more than six (6) calendar days (or parts thereof) in any calendar year, and no items or merchandise shall be offered for sale or displayed at any one (1) location for more than three (3) consecutive calendar days (or parts thereof).