[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua 12-7-1987 by Ord. No. 922 (Ch. XI, Part 7, of the
1962 Code). Amendments noted where applicable.]
This chapter shall be known as "the ordinance
regulating and restricting garage sales."
Such rules and regulations as set up 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 the Borough.[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
usually violate the zoning regulations of the Borough. 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, transient business laws and/or any other
laws or ordinances of the Borough
As used in this chapter, the following terms
shall have the meanings indicated:
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 Catasauqua.
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" or any similar casual sale
of tangible personal property.
Any goods, warehouse merchandise, or other personal property
capable of being the object of a sale regulated hereunder.
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.
A.
It shall
be unlawful for any person to conduct a garage sale within the geographic
boundaries of the Borough of Catasauqua without first obtaining a
garage sale license from the Borough after filing an application containing
the information hereinafter specified.
B.
Any person
found to be conducting a garage sale without having obtained a permit
prior to the sale shall be charged an administrative surcharge for
failure to obtain a permit. This surcharge shall be in an amount as
set by Council from time to time. Failure to obtain the permit and
to pay the administrative surcharge within 15 days when directed to
do so shall constitute a violation of this chapter.
[Added 8-4-2014 by Ord. No. 1305]
A.
An applicant for a garage sale permit shall provide
the following information on a written application provided by the
Borough Secretary:
(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.
D.
Issuance. Upon payment of the permit fee set forth
above and upon determination by the Secretary of the Borough that
the application meets all the requirements of this chapter, the Borough
Secretary 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 four permits shall be issued per calendar year per residence,
except no limitations shall apply to a sale for the purpose of settling
an estate.
[Amended 8-4-2014 by Ord. No. 1305]
It shall be unlawful for anyone to hold a garage
sale on property other than their own residential lot.
No garage sale shall be conducted between the
hours of 8:00 p.m. and 9:00 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 party shall be allowed to place a sign
no larger than two feet by two feet on their 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.
[Amended 8-4-2014 by Ord. No. 1305]
This chapter shall be enforced by the Catasauqua
Police Department or the Catasauqua Code Enforcement Department. It
shall be the duty of the Police Department and Code Enforcement Department
to investigate any violation of this chapter.
[Amended 4-1-2013 by Ord. No. 1288; 8-4-2014 by Ord. No. 1305]
Any person violating any provisions of this
chapter shall, upon conviction thereof, be sentenced to pay a fine
not to exceed $300 and/or 90 days in jail. Any person found guilty
of violating an ordinance shall be assessed court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
It shall be the duty of the Police Officers or of Code Enforcement
Personnel of the Borough to report to the Borough Manager all violations
of any provision of this chapter, indicating in each case an address
where the violation took place and any other facts which might be
necessary in order to secure clear understanding of the circumstances
attending to the violation.
