[Ord. 272, 6/4/1981, § 1]
It is found that there are taking place an increasing number
of private noncommercial sales on the grounds of private residences,
known variously as "yard sales," "garage sales" and the like, and
that the unregulated proliferation of such sales may in fact foster
or disguise the introduction of commercial, retail uses into residential
districts, endangering property values and burdening the repose and
tranquility normally appertaining to such residential districts; therefore
it is the purpose of this Part, in order to preserve the appropriate
residential values of residential districts in the Borough, to regulate
such sales to the end that they shall be accessory to residential
uses rather than commercial in nature.
[Ord. 272, 6/4/1981, § 2; as amended by Ord. 333,
11/5/1987]
When used in this Part, the following words or phrases shall
have the meanings ascribed to them herein.
Any notices, signs, placards or posters which are displayed
either on or off the property on which a residential retail sale is
to be held, giving notice to the public of the date, place and nature
of such sale.
Any person, corporation, partnership, unincorporated association,
landowner or other judicial entity.
Any offering of goods for sale, whether new or used, by a
person or persons who are not in the business of making such sales,
at retail, on property which is either residential or generally used
for purposes other than retail sales including such sales as are commonly
known as "yard sales," "lawn sales" or "garage sales." Each such sale
may be conducted on no more than three consecutive days.
[Ord. 272, 6/4/1981, § 3; as amended by Ord. 333,
9/19/1987; and by Ord. 340, 12/6/1988]
No person shall conduct a residential retail sale within the
Borough of Red Hill unless he shall first have procured a permit for
the same from the Borough Secretary and/or Mayor. The cost of the
permit which shall be paid at the time of application and shall be
paid into the general fund of the Borough, shall be established from
time to time by resolution, which cost shall be nonrefundable. The
said permit shall be prominently displayed on the property where such
sale takes place at all times during the conduct of such sales. In
making application for such permit the applicant shall disclose in
writing:
A.Â
The name and address of the applicant.
B.Â
The location of the property where the sale is to be conducted and
the name of the owners of such property.
C.Â
The day or days on which the sale is to take place and the hours
of that day or days during which the sale is to be conducted.
D.Â
The nature of the advertising to be done relative to such sale.
E.Â
The name and address of the person responsible for conducting the
sale, if different from the applicant.
[Ord. 272, 6/4/1981, § 4]
In the event a residential retail sale shall be conducted on
more than one property, a permit for the same shall be procured for
each such property.
[Ord. 272, 6/4/1981, § 5]
There shall be conducted on any one property, or by any one
applicant, no more than three residential retail sales in a calendar
year.
[Ord. 272, 6/4/1981, § 6]
No person shall permit or suffer any advertising displayed to
give notice of a residential retail sale to remain displayed after
the expiration of such period; it shall constitute a violation of
this Section by the person responsible for conducting the sale, as
set forth in the application for permit to conduct the sale, or by
the applicant, if the applicant is the person responsible for conducting
the sale.
[Ord. 272, 6/4/1981, § 7; as amended by Ord. 340,
12/6/1988; and by Ord. 424, 5/12/2004, § 1]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
