Borough of Pen Argyl, PA Garage Sales

These rules and regulations are designed to control and restrict garage and yard sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only, in keeping with the character of the neighborhood where this activity is carried on in compliance with the Zoning Ordinance of the Borough of Pen Argyl.[1] The intent of this chapter is to eliminate perpetual, prolonged and extended garage and yard sales in residential areas. Such sales, if continued indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and often violate the zoning regulations of the Borough of Pen Argyl. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage and yard sales. It is not the intent of this chapter to change or amend the Zoning Ordinance, Transient Business Ordinance[2] and/or any other ordinances of the Borough of Pen Argyl.

[1]

Editor's Note: See Ch. 108, Zoning.

[2]

Editor's Note: See Ch. 70, Licensed Occupations, Activities and Games.

§ 62-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BLOCK OR NEIGHBORHOOD SALE

Garage sales conducted pursuant to this chapter at more than one location in a block or neighborhood by the owners of more than one premises in said block or neighborhood.

BOROUGH

All residential dwellings located within any type of zone, zoned area or zoning district, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Borough of Pen Argyl.

GARAGE SALES

The sale or offering for sale of 10 or more new, used or secondhand items of personal property at any one residential premises at any one time.

Includes all sales in residential areas entitled "garage sales," "yard sales," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.

GOODS

Any goods, warehouse merchandise or other personal property cable of being the object of a sale regulated hereunder.

PERSONS

Individuals, partnerships, family groups, voluntary associations and corporations.

§ 62-4 Permit application.

Applicants for a permit under this chapter must file with the Pen Argyl Police Department an application, in writing, on a form to be furnished by the Pen Argyl Police Department, which shall give the following information:

The name and address of the applicant.

The items to be sold.

Dates of the sale.

A statement affirming that the goods to be sold belong to the applicant or his household and that said goods have not been purchased or obtained solely for this sale, with the exception of charities and service organizations as exempted by this chapter.

§ 62-5 Permit required; fee; duration of permit; limitations on permit; signs.

Permit required. It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Borough of Pen Argyl without first obtaining a garage sale permit from the Pen Argyl Police Department after filing an application containing the information hereinafter specified.

Fee. The fee for garage sales shall be as fixed by resolution of the Council of the Borough of Pen Argyl. Said fee shall be collected for each garage sale, including, in the case of a block sale, for each such garage sale conducted within said block or neighborhood. Said fee shall be assessed against and collected from the owner of the individual home, garage or yard at which the sale is conducted. Under no circumstances shall a block sale or neighborhood sale be constructed as one sale for the purposes of this section.

[Amended 3-4-2003 by Ord. No. 587, approved 3-4-2003]

Duration of permit. A permit issued pursuant to this chapter shall be valid for three consecutive days.

Limitations on permits. Garage sale permits shall be limited to five permits per calendar year per residence.

Posting of permit. Any permit issued pursuant to this chapter shall be posted on the property where the garage sale is held in plain view to the general public and remain posted for the duration of the sale.

Signs advertising garage sale. Any signs for any garage sale that are posted on and off the premises where the garage sale is held shall not be posted more than seven days prior to the sale and must be removed within 24 hours of the expiration of the permit issued for the sale. All signs must include the permit number of the applicant.

§ 62-6 Applicability.

This chapter shall not be applicable to:

Persons selling goods pursuant to an order of process of a court of competent jurisdiction.

Persons acting in accordance with their powers and duties as public officials.

Any person selling or advertising for sale an item or items of personal property which is specifically named or described in the advertisement and which separate items do not exceed nine in number. Notwithstanding any provisions of this chapter, any person may sell up to nine secondhand articles without being subject to the provisions of this chapter.

Any publisher or a newspaper, magazine or other publication or other communications media who publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been met.

Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Borough of Pen Argyl with or without the protection of the nonconforming use section of the zoning laws, or any sale conducted by any other vendor or dealer when the sale is conducted in a properly zoned area and not otherwise prohibited by laws of the Commonwealth of Pennsylvania and ordinances of the Borough of Pen Argyl, including this chapter.

Sales by a bona fide charitable, eleemosynary, educational, cultural or governmental institution, civic group, service club, religious or fraternal society or other tax-exempt organization; provided, however, that the burden of proof to establish the exemption under this subsection shall be on the organization or institution claiming such exemption.

Any public auction having a duration of no more than two days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.

§ 62-7 Enforcement.

This chapter shall be enforced by the Pen Argyl Police Department and it shall be its duty to investigate and prosecute any violation of this chapter.

If after an investigation a violation is found to exist, the Pen Argyl Police Department shall prosecute a complaint before a District Justice pursuant to the provisions of this chapter.

The person to whom the garage sale permit was issued and the person conducting the sale and the owner, tenant or occupant of the premises where the sale or activity is conducted shall be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity.

(1)

No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of pedestrian traffic on any sidewalks nor vehicular traffic on any roads or streets in the area of the premises where the sale is being conducted.

(2)

In the event of an emergency, all such persons shall obey reasonable orders from any member of the Police Department or the Fire Department in order to maintain the public health, safety and convenience.

§ 62-8 Violations and penalties.

Any person, firm or corporation who or which shall violate any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600.