[HISTORY: Adopted by the Board of Supervisors of the Township of Hanover 3-14-2006 by Ord. No. 06-04. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 185.
This chapter shall be known and may be cited as "The Hanover Township Garage Sale Ordinance."
The rules and regulations as set forth in this chapter 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 the Zoning Ordinance of Hanover Township.[1] The intent of this chapter is to eliminate repeated, perpetual, prolonged and extended garage sales in residential areas. Such sales, if carried on indefinitely or repetitively, tend to become retail businesses in residential areas and zones, create a nuisance, and violate the zoning regulations of the Township. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales. It is not the intent of this chapter to change or amend the zoning laws or transient business laws of the Township.
[1]
Editor's Note: See Ch. 185, Zoning.
The following words, as used in this chapter, shall have the meanings respectively ascribed thereto:
GARAGE SALE
The sale or offering for sale of five or more new, used or secondhand items of personal property at any one residential premises at any one time, regardless if such sale or display is indoors or outdoors. Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale," "moving 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. Charitable nonprofit institutions, educational, cultural, or governmental institutions or organizations shall not be defined as persons under this chapter and thus this chapter shall have no application to the same.
RESIDENTIAL PROPERTY
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 Hanover Township.
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of Hanover Township without first obtaining a garage sale permit from the Township after filing an application containing the information hereinafter specified.
A. 
An applicant for a garage sale permit shall provide the following information on a written application provided by the Township Zoning Officer:
(1) 
The name and address of the applicant;
(2) 
The name or names of persons other than the applicants, if any, who will be conducting the sale;
(3) 
The date of the proposed sale;
(4) 
The date and nature of the most recent past sale;
(5) 
The location of the sale site;
(6) 
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 the sale.
B. 
Any person who furnishes false information on an application for a garage sale permit is in violation of this chapter and shall be subjected to the penalties hereinafter set forth.
C. 
The permit fee for any permit to be issued in accordance with this chapter shall be established by the Board of Supervisors and shall be included in its schedule of fees.
D. 
Issuance. Upon payment of the permit fee set forth above and upon determination by the Zoning Officer of the Township that the application meets all the requirements of this chapter, the Zoning Officer shall issue the permit.
E. 
Duration. A permit issued pursuant to the terms of this chapter shall be valid only for two consecutive days. No more than two permits shall be issued per calendar year per residential property, except no limitations shall apply to a sale for the purpose of settling an estate.
It shall be unlawful for persons to hold a garage sale on property other than their own residential property.
No garage sale shall be conducted between the hours of 8:00 p.m. and 8:00 a.m.
A. 
No garage sale shall encroach on a public right-of-way, sidewalk, street or alley.
B. 
At all times, the applicant shall be responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity and shall be responsible for removing debris, garbage and litter from the premises and from surrounding public places following the sale.
Each applicant shall be allowed to place a sign no larger than two feet by two feet on his residential property to identify the garage sale. Such signs shall not be placed upon the property prior to 24 hours before the sale, and said sign must be removed from said property within 24 hours after said sale. Signs shall not be placed outside the person's residential property.
This chapter shall be enforced by the Zoning Officer and Code Enforcement Officer.
A. 
Any person who shall fail, neglect or refuse to comply with any provision of this chapter, as may be amended from time to time, shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be sentenced to pay a fine not to exceed $500 or 90 days imprisonment, or both.
B. 
Each day that the violation continues shall constitute a separate offense.