Borough of Collingdale, PA
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Collingdale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Transient retail merchants — See Ch. 380, Art. I.
Zoning — See Ch. 610.
[Adopted 10-5-1987 by Ord. No. 568 (Ch. 13, Part 3, of the 1987 Code of Ordinances)]

§ 433-1 Title.

This article shall be known as the "Ordinance Regulating and Restricting Garage Sales."

§ 433-2 Purpose.

Such rules and regulations as set up in this article are designed to control and restrict garage 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 and with Chapter 610, Zoning, of the Borough of Collingdale. The intent of this article is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales if carried on indefinitely tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Borough. The provisions of this article arise from the need to limit, regulate, restrict and control garage sales. It is not the intent of this article to change or amend the zoning laws, transient business laws and/or any other laws or ordinances of the Borough of Collingdale.

§ 433-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOROUGH
All residential dwellings located within any type of zone, zoned area, zoning district, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Borough of Collingdale.
A. 
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.
B. 
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 capable of being the object of a sale regulated hereunder.
PERSONS
Individuals, partnerships, family groups, voluntary associations and corporations.

§ 433-4 Permit required; fee; conditions for sales.

A. 
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Borough without first obtaining a garage sale license from the Borough Manager after filing an application containing the information hereinafter specified.
B. 
The first garage sale license issued to any one person or for any one premises within one twelve-month period shall be issued without charge. For the second such license issued in any twelve-month period, there shall be a nonrefundable fee, as established from time to time by Borough Council.

§ 433-5 Exemptions.

This article shall not be applicable to:
A. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
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 article, any person may sell up to nine secondhand articles without being subject to the provisions of this article.
D. 
Any publisher of 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 article have not been met.
E. 
Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Borough, 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 including this article.
F. 
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.
G. 
Any public auction having a duration of no more than two days and conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.

§ 433-6 Sale of dangerous items at garage/yard sales prohibited.

No person, organization, group, charity and/or corporation of any kind shall permit the sale of dangerous instrumentalities at flea markets, garage sales, neighborhood and/or block sales. Dangerous instrumentalities shall include, but not be limited to:
A. 
Items and/or products which have no legitimate purpose other than as a weapon, instrument of harm and/or injury, or otherwise constitute a threat to human beings.
B. 
Items which, if sold to minors, may constitute a danger to said minors and the persons with whom they shall come in contact. Any sale of an item identified in Subsection A above to a minor shall constitute a violation of this section of this article.

§ 433-7 Enforcement.

A. 
This article shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violation of this article.
B. 
If after an investigation a violation is found to exist, the Police Department shall prosecute a complaint before a Magisterial District Judge pursuant to the provisions of this article.
C. 
The person to whom the garage sale license 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 the 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.

§ 433-8 Violations and penalties.

A. 
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days.
B. 
Any person violating § 433-6 hereof may, in addition to the penalties of Subsection A hereof, have such dangerous items seized by the Borough police upon notification of the presence thereof.
[Adopted 9-4-2012 by Ord. No. 685]

§ 433-9 Short title.

This article shall be known and may be cited as the "Borough of Collingdale Merchant Sidewalk Sales Ordinance."

§ 433-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:
MERCHANT
Any natural person, association, partnership, firm, corporation or other business entity, including, but not limited to, any owner, employer or lessee of any store, shop, office or other commercial or retail place of business located within the Borough of Collingdale.
SIDEWALK SALES
The offer for sale of any goods, services, wares or merchandise of any sort or description whatsoever by any merchant:
A. 
Upon any of the streets, sidewalks, highways and/or alleyways of the Borough of Collingdale; and
B. 
Upon any vehicular parking lot, parking garage or designated parking area that is connected to, adjacent to and/or associated with said merchant.

§ 433-11 Sidewalk sales prohibited.

It shall be unlawful for any merchant to engage in sidewalk sales in the Borough of Collingdale at any time for any reason whatsoever except as otherwise provided by this article.

§ 433-12 Temporary sidewalk sales.

The Borough Manager may, upon written request of any merchant as defined in this article, authorize temporary sidewalk sales for a period not in excess of three consecutive days in any thirty-day period. An appeal to the Council of the Borough of Collingdale may be taken by any merchant aggrieved by the decision of the Borough Manager.

§ 433-13 Exceptions.

The provisions of this article shall not be construed to apply to:
A. 
Boys or girls under 18 years of age who take orders for newspapers, greeting cards, candy and the like or who represent the Boy Scouts or Girl Scouts clubs of America.
B. 
Representatives of any educational, civic, charitable or religious organization offering goods, services, wares or merchandise for sale, provided that such sales:
(1) 
Do not continue for more than three consecutive days in any thirty-day period; and
(2) 
Are not in effect for more than eight hours in any given day.
C. 
Any merchant who has registered with the Pennsylvania Department of State and is permitted to make retail sales as required by the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
D. 
Florist selling their own floral products and the like.
E. 
Any resident of the Borough of Collingdale holding a residential yard sale, garage sale or the like in accordance with the Borough of Collingdale's ordinance regulating and restricting garage sales, Article I of this chapter.

§ 433-14 Violations and penalties.

Any merchant who violates the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $500 for each offense and the costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 10 days.