[HISTORY: Adopted by the Borough Council
of the Borough of Honesdale 9-8-1997 by Ord. No. 558. Amendments noted where
applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 152.
For the purpose of this chapter, the following
terms, phrases and words shall have the meanings given herein:
Any general sale open to the public, conducted from or on
a residential premises for the purpose of disposing of personal property,
including but not limited to all sales entitled "garage," "lawn,"
"yard," "attic," "porch," "room," "backyard," "patio," "flea market"
or "rummage sale." This definition shall not include a situation where
no more than five specific items are held out for sale and where all
advertisement of such sale specifically names those items to be sold.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
A lot on which a building for a residential occupancy only
is located.
It shall be unlawful for any individual to sell
or offer for sale, under authority granted by this chapter, property
other than personal property.
No garage sale shall be conducted unless and
until the individual(s) desiring to conduct such sale shall obtain
a permit therefor from the Honesdale Borough office. Members of more
than one residence may join in obtaining a permit for a garage sale
to be conducted at the residence of one of them.
[Amended 7-11-2011 by Ord. No. 645-A]
Fees shall be as set forth from time to time
by resolution of the Borough Council. The current fee schedule can
be found on file in the Borough offices.
The permit shall set forth and restrict the
time and location of such garage sale. No more than four such permits
may be issued to one residence and/or family household during any
calendar year. If members of more than one residence join in requesting
a permit, then such permit shall be considered as having been issued
for each and all of such residences.
Such garage sales shall be limited in time to
no more than daylight hours of three consecutive days.
If a garage sale is not held on the dates for
which the permit is issued or is terminated during the first day of
the sale because of inclement weather conditions and an affidavit
by the permit holder to this effect is submitted, the Borough office
may issue another permit to the applicant for a garage sale to be
conducted at the same location within 30 days from the date when the
first sale was to be held. No additional permit fee is required.
Personal property offered for sale may be displayed
within the residence, in a garage, in a carport or in a yard but only
in such areas. No personal property offered for sale shall be displayed
in any public right-of-way.
Any permit in possession of the holder or holders
of a garage sale shall be posted on the premises in a conspicuous
place so as to be seen by the public and the Honesdale Borough police.
A.Â
Signs permitted. The permit number is to be prominently
displayed on the sign. Only the following specified signs may be displayed
in relation to a pending garage sale:
(1)Â
Two signs permitted. Two signs are permitted to be
displayed on the property of the residence where the garage sale is
being conducted.
(2)Â
Directional signs. Two signs of not more than two
square feet each are permitted, provided that written permission to
erect said signs is received from the property owners upon whose property
such signs are to be posted.
B.Â
Time limitations. No signs or other form of advertisement
shall be exhibit more than two days prior to the day such sale is
to commence.
C.Â
Removal of signs. Signs must be removed at the close
of the garage sale activities.
D.Â
No garage or yard sale signs can be posted on trees,
poles, shrubs, vehicles, dwellings or structures. No signs are to
be attached to Borough street poles, PP&L poles, or state route
signs.
The individual to whom such permit is issued
and the owner or tenant of the premises on which such sale or activity
is conducted shall be jointly and severally responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such individual shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on any roads or streets in the area of such premises. All
such individuals shall obey the reasonable orders of any member of
the Police or Fire Department of the Borough of Honesdale in order
to maintain the public health, safety and welfare.
A police officer or code compliance officer
may make inspections under the licensing or regulating ordinance or
enforce the same. He or she shall have the right of entry on to the
lands, but not into any building thereon, showing evidence of a garage
sale for the purpose of enforcement or inspection and may close the
premises from such sale or issue a citation.
All parking of vehicles shall be conducted in
compliance with all applicable laws and ordinances. Further, the Police
Department may enforce such temporary controls to alleviate any special
hazards and/or congestion created by any garage sale.
A.Â
False information. Any permit issued under this chapter
may be revoked or any application for issuance of a permit may be
refused by the Borough of Honesdale if the application submitted by
the applicant or permit holder contains any false, fraudulent or misleading
statement.
B.Â
Conviction of violation. If any individual is convicted
of an offense under this chapter, the Borough Secretary shall cancel
any existing garage sale permit held by the individual convicted and
not issue such individual another garage sale permit for a period
of two years from the time of conviction.
The provisions of this chapter shall not apply
to or affect the following:
A.Â
Person(s) selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.Â
Any bona fide charitable, educational, cultural or
governmental institution or organization, when the proceeds from the
sale are used directly for the institution's or organization's charitable
purposes and the goods or articles are not sold on a consignment basis.
Every day or part thereof that a sale is conducted
in violation of this chapter shall constitute a separate offense.
Any person found guilty of violating the terms
of this chapter shall be fined not less than $50 nor more than $250
for each offense or be imprisoned not exceeding 15 days, or both.
