Posted on 08/21/2008 5:57:56 PM PDT by ellery
CLAYTON, CA (KGO) -- Two young East Bay girls are trying to find out if you really can fight city hall. The youngsters are battling to get their produce stand back after the city of Clayton shut them down.
The mayor himself is getting involved in this issue; he says the produce stand, operated by two young sisters, had to be shut down because of public safety and a zoning ordinance. But members of the Lewis family say - we have just begun to fight.
On a Clayton street corner is where 11-year-old Katie and 3-year- old Sabrina Lewis had been selling their families surplus fruits and veggies - stuff like: Story continues belowAdvertisement "Zucchini, melons, tomatoes, radishes," said Sabrina Lewis.
They did it for maybe four hours on Saturday mornings to make a little money. They haven't sold a thing since the police showed up recently in response to one complaint to the mayor's office.
-snip-
As for the traffic issue, neighbor Terri Highsmith says there isn't one.
"On the weekends is when I mostly notice them selling. I come and go a lot and I've never seen any traffic problems," said Highsmith.
Clayton Mayor Gregg Manning disagrees. And wonders what Katie and Sabrina might do with that produce stand if the zoning laws weren't enforced.
"They may start out with a little card-table and selling a couple of things, but then who is to say what else they have. Is all the produce made there, do they make it themselves? Are they going to have eggs and chickens for sale next," said Manning.
-snip-
(Excerpt) Read more at abclocal.go.com ...
Good. She can sell veggies, but if she sells cookies ... LOL.
The mayors head would explode if he passed by a Farmers Market.
OK, here's how they do it. The Clayton CA municipal code is online here. Now, assuming their home is zoned single family, residential which I assume is very restrictive, they can grow the crops:
17.16.020 Permitted uses--Principal. The principal permitted uses in the single family residential districts shall be as follows:OK, if Mr. Mayor and Officer Wiggims object to the sidewalk sale, sell it from inside the home.
A. A detached single family dwelling in each lot and the accessory structures and uses normally auxiliary to it;
B. Crop and tree farming and horticulture, not including the raising or keeping of any animals other than ordinary household pets;
17.04.100 Home Occupation. A Home Occupation is a limited commercial activity customarily conducted entirely within a residential dwelling, by a person residing in the dwelling unit, which is clearly a subordinate and incidental use of such dwelling as a residence. (Ord 357, 2001)
That’ll teach ‘em.
Ah, yes, the “legalize,” not the spirit of the law.
Amen!!!
Funniest thing I’ve read all day!
How about a harump
http://www.youtube.com/watch?v=JN99jshaQbY&feature=related
Insert Chesire cat grin here...
Regards
alfa6 ;>}
My daughter, and the little girl next door used to sell our extra home grown vegetables door to door to the old folks in our neighborhood. They’d load up my daughter’s stake wagon, and hit the streets. Their free market endeavor usually ended when they had made enough money to go buy hot fudge sundaes at the local Ice Cream Parlor.
That’s a load of bullcrap. These kids are making honest money with their own hard work. They should be commended for their dedication, not harassed by the local control freaks.
LOL. That's one of my favorite movie scenes.
How sweet.
I detest freedom-hating control freaks.
You and me both. This kind of petty stuff is ridiculous.
One doesnt exactly get much foot traffic inside the home. :-) Maybe within the property line?
Ya sure about that?
I hear ya.
Situations like this really divide me. I applaud the firls their entrepeneurial attitudes, and I’m glad the parents are supporting them, and it was wrong for their produce to be confiscated, BUT — and here is where I get divided — the parents should have been a bit more diligent and checked to make sure such an enterprise was not against the current town ordinances.
I knew that my produce stand was not in any violation of any county ordinances beause I checked before I started selling produce, but when my 10 year old wanted to start selling lemonade, I rechecked with the county to make sure that was still in compliance, because she uses powdered lemonade mix purchased in the store, but her lemonade falls into the same category as my jams, not my produce. It is not being resold in the purchased manner, but a new product is being made from the ingredients.
I sure hope I’m making sense here..........it’s a simple concept, until I start trying to write it out :)
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