HAZLETON — Yard sale and moving permit programs pitched by the city administration failed before a deadlocked council Wednesday.
In the absence of Mayor Jeff Cusat and council President Robert Gavio, ordinances that would have required permits for moving household goods and yard sales failed by consecutive 2-2 votes.
The mayor promises to reintroduce the ordinances when a full complement of council is available at an upcoming meeting.
Cusat pitched the proposals several weeks ago, saying the moving permit program would’ve put the city in position to keep tabs on people who move in and out of Hazleton while the latter measure was intended to prevent people from turning frequent yard sales into a business.
Council Vice President Allison Barletta and Councilwoman Jean Mope — who opposed both ordinances — said the relatively small permit fees wouldn’t cover costs of enforcing the ordinances and printing permits.
Both council members also asked how the city intends to enforce the ordinances or make permits available to the public on weekends — when City Hall is closed and the potential for people moving or holding yard sales tends to increase.
Moving permits
Under one of the proposed ordinances, residents would have to secure a $10 moving permit from the license and permits office each time they move “household goods in bulk.” The ordinance applies when people move in or out of the city, or from one property to another within Hazleton.
Barletta asked how the city intends to enforce the ordinance when residents decide to move on a weekend and cannot get permits because City Hall is closed.
She also voiced opposition to a proposed $300 fine or 30-day prison term that people could face if they violate the proposed ordinance.
“It’s another expense (for citizens) and will cost the city more to print a permit and enforce it,” Barletta said.
Mope agreed, asking how the ordinance would apply to people who are evicted from rental properties or people who are displaced because of a weekend fire.
Councilman Jim Perry, however, said that city officials can find problems with just about every ordinance if people look hard enough.
He argued that multiple municipalities have moving permit programs and that Hazleton can revisit the ordinance as issues arise.
“I’m sure we’ll find ways to make it more palatable,” Perry said.
The ordinance failed on a tie vote. Barletta and Mope voted “no” while Perry and Councilman Tony Colombo voted “yes.”
Yard sales
Barletta and Mope raised similar enforcement-related concerns for the yard sales ordinance.
The proposal would limit the number of yard sales that could be held at a home to five within a 12-month period. Residents must also secure permits for each sale, the ordinance reads.
When the ordinance was presented in July for first reading, Cusat told council that residents can contact the city’s permit office and provide an address, as well as information about the yard sale, and secure a permit at no cost for the first three sales.
Permits for a fourth or fifth sale, however, cost $5 each.
Barletta again said she believes the fee doesn’t justify costs of enforcement and asked how residents can get permits on weekends. The councilwoman said that she attended several yard sales since the ordinance was first proposed and felt they weren’t creating problems that warrant a permit program.
“A yard sale is not doing any harm,” she said.
Perry, however, said the ordinance was not intended to generate revenue. The intent, he said, is to prevent people from selling items on a daily basis. Those types of operations would require a business permit, Perry contends.
The yard sale ordinance also failed on a tie vote. Barletta and Mope voted “no” while Perry and Colombo voted “yes.”
Cusat said he was “confused” by the outcome. Both Barletta and Mope changed their positions after voting “yes” on first reading of both ordinances, he said.
“I see two council members switched their votes again on both ordinances,” Cusat said. “Every one of those items will be put back on the agenda for the entire council to review.”