Council to change yard sale law

Dan Kulin

Thursday, Feb. 5, 2004 | 11:02 a.m.

North Las Vegas City Council members agreed Wednesday that yard sales should be allowed in front yards, only months after a nuisance ordinance banned the practice.

The council had passed the ordinance in October restricting where yard and garage sales could be held, but Councilman Robert Eliason asked in December that the matter be reconsidered after he realized the new ordinance prohibited the sales from being held in front yards.

During a work session on the ordinance Wednesday, council members asked city staff to recommend changes to the ordinance that would lift all or some of the limits on where someone can hold a yard sale on their own property. New limits on signs advertising a yard or garage sale will also be reconsidered by the council.

The possible changes to the new law are expected to be discussed and voted on in March, city officials said.

Under the new law, North Las Vegas residents are limited to two yard or garage sales a year, and are required to get a free permit from the city before having a sale. Limiting the number of yard and garage sales was intended to combat those who have turned their homes into small businesses by holding yard sales weekly.

The part of the law that was overlooked says yard sales are not allowed in the "front setbacks of any property." The front setback is the land between the front edge of a home and the property line.

The council decided to take another look at the law in December after Councilman Robert Eliason said he was concerned that the new law prohibited such sales from residents' front yards and driveways.

Eliason said he wasn't aware the law prohibited yard and garage sales in the front of homes at the time of the vote and he wasn't sure others did either.

Eliason cast the lone vote against the law, but he did so because he thought residents should be allowed four such sales a year instead of two.

Mayor Michael Montandon said Wednesday that if the city is going to limit the number of yard sales residents can have, then they shouldn't limit where they can hold the sales.

Councilwoman Stephanie Smith said the sales should at least be allowed in driveways.

City resident Bob Borgersen, who pointed out the setback rules to Eliason, said he's happy the council has acknowledged the problems with the law.

The new version of the law also said signs advertising a yard sale could only be placed on the property where the yard sale was being held.

Eliason said this part of the law should also be changed so residents can put a sign on a neighbor's property if that neighbor gives their permission to do so.