Libby has a new definition for yard sales

The city announced changes to how many yard sales are allowed per year, capping the number at three, while broadening the definition from the first reading of the ordinance.

At the June 5 Libby City Council meeting, the second reading of ordinance number 2006 was read to the public and passed with amendments.

The need for the ordinance came from the Libby's previous lack of a definition for a yard sale, Mayor Peggy Wiliams said.

"There have been several instances in our community where homeowners have established permanent yard sales in their front yards," Williams said.

She said this could lower property values and the city wanted to have a definition of a yard sale that all residents can rely on.

The Libby Municipal Code is being altered by the council to make yard sales an infrequent event lasting no more than three days.

A sale must be conducted on the property in residential districts where household goods and personal items are offered for sale to the general public by the owner or tenant of the property or a group of owners or tenants, Williams said.

A yard sale is not meant to continue beyond the scope outlined by the city ordinance, she said. Holding four or more yard sales during a calendar year at the same address will be considered retail use and will not be allowed.

Other definitions for yard sale include lawn, rummage and garage sales.

City Council member Kristin Smith instructed the council to change the ordinance's wording to allow three yard sales per year to agree with its original intent.

The ordinance had previously stated that there should be no more than three yard sales per year. This, Smith noted meant that only two would be allowed.

"It was also brought to my attention that a lot of times, folks will hold estate sales repeatedly. So maybe on the last line, add estate sale as an addition to the yard sale, lawn sale, et cetera," Smith said.

The public comment on the motion to add Smith's comments included some defense of estate sales.

"If there is a death in a family, it will take more than two yard sales to empty out a home, Darrel "DC" Orr said. "Otherwise, you're forcing people to throw stuff away," Orr said.

The city council claimed that last year an individual held a sale, under the guise of an estate sale, nearly every weekend last summer.

"I understand you've had abuses in the past," Orr said. "I'm saying that you should make provisions for someone who is in dire circumstances."

The ordinance was passed with the amendments suggested by Smith. The city council read and approved the first reading on May 15.

This ordinance will go into effect 30 days from June 5.