[HISTORY: Adopted by the Borough Council
of the Borough of New Freedom 9-11-2000 by Ord. No. 2000-3 (Ch.
13, Part 3, of the 1983 Code of Ordinances). Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The person applying for the permit. An applicant shall be
considered to represent the entire household, organization, business
or group sponsoring the activity.
Borough of New Freedom, York County, Pennsylvania.
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder, except
for home grown agricultural products.
Permit issued by the Borough to conduct a yard sale.
Individuals, partnerships, family groups, voluntary associations,
and corporations.
The sale or offering for sale of 10 or more new, used or
secondhand items of personal property, not including home grown agricultural
farm products, at any one residential premises at any one time. 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.
A.
Each applicant within the Borough shall be entitled
to conduct no more than two yard sales per calendar year. The maximum
duration of said sale shall be two consecutive calendar days between
the hours of 9:00 a.m. and 6:00 p.m. No merchandise intended to be
sold shall be displayed on the premises prior to or after the hours
of sale.
[Amended 12-29-2005 by Ord. No. 2005-14]
B.
No amplified sounds shall be permitted in connection
with the sale. No loud or boisterous conduct shall be permitted on
such premises nor will vehicles impede the passage of traffic on any
roads or streets in the area of the premises where the sale is being
conducted.
C.
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.
D.
Any and all placards, signs or billboards of any nature
related to any yard sale within the Borough shall comply with all
applicable rules, regulations and ordinances of the Borough and be
removed within 24 hours of the conclusion of said yard sale.
E.
A yard sale shall be held or conducted only at the
applicant's personal residence or the applicant's principal place
of business.
[Added 12-29-2005 by Ord. No. 2005-14]
[Amended 12-29-2005 by Ord. No. 2005-14]
No yard sale may be held until a permit therefor
has been obtained. The permit cost shall be determined from time to
time by resolution of Borough Council. All permit fees shall be paid
to the Borough prior to issuance of the permit. The permit granted
by the Borough shall be prominently displayed on the premises so that
it is clearly visible from the street during the sale.
A.
Any person who violates the provisions of this chapter
shall, upon conviction in proceedings commenced by the Borough before
any Magisterial District Judge, be subject to a fine of no less than
$25 and no more than $600. Upon judgment against any person by conviction,
or by proceedings by summons or default of the fine imposed and costs,
said person may be sentenced to the York County Jail for a period
not exceeding 30 days. Each day's continuance for violation of any
of the provisions of this chapter shall constitute a separate offense.
B.
Any person convicted as set forth above shall be prohibited
from obtaining a yard sale permit for a twelve-month period commencing
from the date of conviction.
