[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang 4-21-1998 by Ord. No. 555 (Part 6, Ch. 2, Art. E, of the 1994
Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 425.
A.
Short title. The short title of this chapter shall be the "Paxtang
Borough Garage and Yard Sales Ordinance."
B.
Purpose. 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 laws of the Borough of Paxtang. The intent of this chapter
is to eliminate perpetual, prolonged and extended garage sales in
residential areas. Such sales, if carried on indefinitely, tend to
become retail businesses in residential areas and zones, create a
nuisance and usually violate the zoning regulations of the Borough
of Paxtang. The provisions of this chapter arise from the need to
limit, regulate, restrict and control garage sales.
Unless otherwise expressly stated, the following terms shall,
for purposes of this chapter, have the meanings herein indicated:
Includes all residential dwellings located within any type
of zone, zoned areas, zoning districts, whether or not said areas
or zones are residential, business, commercial or otherwise, within
the geographic boundaries of the Borough of Paxtang.
Shall mean the sale or offering for sale of 10 or more new,
used or secondhand items of personal property at any one residential
premises at any one time.
Shall mean and include all sales in residential areas entitled
"garage sales," "yard sales," "tag sale," "porch sale," "lawn sale,"
"attic sale," "basement sale," "rummage sale," "flea market sale,"
or any similar casual sale of tangible personal property.
Includes any goods, warehouse merchandise or other personal
property capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, family groups, voluntary
associations, owners, lessees and occupants of residences, commercial
or institutional establishments, corporations.
A.
It shall be unlawful for any person to conduct a garage sale within
the geographic boundaries of the Borough of Paxtang without first
obtaining a garage sale permit from the Borough Office after filing
an application containing the information hereinafter specified.
C.
Such permit shall be issued to one person or for one specific premises
or location only one time within a two-week period. No more than two
permits for garage sales shall be issued for the same premises or
to the same person in any twelve-month period.
D.
No permit shall be issued for a garage sale for longer than two consecutive
days.
E.
Each permit issued under this chapter must be prominently displayed
on the garage sale premises throughout the entire period of the permitted
sale and must be exhibited to any Borough officer or policeman upon
request.
An application for a garage sale permit pursuant to this chapter
shall include the following information:
A.
The name of the person, persons, firm, group, corporation, association
or organization conducting the sale.
B.
The name of the owner and the occupant or tenant of the property
on which the sale is to be conducted.
C.
The consent of the owner and/or occupant to hold the sale if the
applicant is other than the owner or occupant.
D.
The location, street address, etc., of the premises where the sale
is to be conducted.
E.
The number of days of the sale, limited to two consecutive days,
and the date or dates of such sale.
F.
The date and nature of any past sales held by the same applicant
or on the same premises in the last twelve-month period.
G.
The relationship or connection the applicant may have with any person,
etc., conducting such sale.
H.
The application shall contain an affirmative or sworn statement by
the applicant or person securing the application that the information
given is full and complete and known by the applicant to the best
of his knowledge to be so.
All garage sales held pursuant to these provisions shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., only on the day or days for which the permit was issued or not required, as provided in § 229-7H.
A.
Garage sales may be advertised through the newspapers or other media.
B.
A sign no larger in size than two feet by two feet may be installed
on the property where the sale is being conducted. In addition, no
more than two other directional signs no larger in size than two feet
by two feet may be installed on private property with the permission
of said property owner. The signs may be displayed no longer than
72 hours prior to the date of the sale and shall be removed within
72 hours after the sale is concluded.
C.
No sign or other display advertising the sale shall be placed on
the public right-of-way which shall impede traffic. No lighted or
illuminated signs shall be used. No signs shall be permitted which
are pasted, stapled, nailed, or otherwise permanently attached to
public utility poles or trees within the right-of-way of any street.
This chapter shall not be applicable to:
A.
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed nine in number. Notwithstanding
any provisions of this chapter, any person may sell up to nine secondhand
articles without being subject to the provisions of this chapter.
D.
Any publisher of a newspaper, magazine or other publication or other
communications media who publishes or broadcasts anything in good
faith without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been complied with.
E.
Any sale conducted by any legitimate business or commercial or industrial
establishment, properly zoned under the zoning regulations of the
Borough of Paxtang, and any other sale conducted by a business or
commercial or industrial establishment under the protection of the
nonconforming use section of the zoning laws, or by any other vendor,
dealer, etc., when the sale is conducted in a properly zoned area
and not otherwise prohibited by the laws and ordinances of the Borough
of Paxtang and Commonwealth of Pennsylvania or this chapter.
F.
Sales by a bona fide charitable, eleemosynary, educational, cultural
or governmental institution, civic group, service club, religious
or fraternal society or other tax-exempt organization; provided, however,
that the burden of proof of establishing the exemption under this
subsection shall be on the organization or institution claiming such
exemption.
G.
Any public auction conducted by an auctioneer, licensed by the Commonwealth
of Pennsylvania, having a duration of no more than two days.
H.
Persons conducting garage sales during designated annual community garage and yard sale events throughout the Borough of Paxtang, as authorized by Borough Council and provided herein, who shall be then exempt only from the requirements of §§ 229-3 and 229-4 for purposes of such designated sales. The Borough of Paxtang annually may authorize and designate the date(s) of one or more community garage and yard sale(s) to take place throughout the Borough of Paxtang, each garage and yard sale having a duration not to exceed two days, for persons to engage in garage and yard sales as otherwise set forth in this chapter.
[Amended 8-15-2000 by Ord. No. 572]
A.
This chapter shall be enforced by the Police Department.
B.
It shall be the duty of the Police Department to investigate any
violation of this chapter coming to its attention, whether by complaint
or arising from its own personal knowledge.
C.
If after investigation a violation is found to exist, the Police
Department shall prosecute a complaint before a Magisterial District
Judge pursuant to the provisions of this chapter.
D.
The person to whom the garage sale permit was issued and the person
conducting the sale and the owner, tenant or occupant of the premises
where the sale or activity is conducted shall be jointly or severally
responsible for the maintenance of good order and decorum on the premises
during the hours of such sale or activity.
(1)
No such person shall permit any loud or boisterous conduct on such
premises or permit vehicles to impede the passage of the traffic on
any roads or streets in the area of the premises where the sale is
being conducted.
(2)
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.
Any person, firm, association, corporation or other entity conducting
any such sale or similar activity without being properly permitted
therefor, or who shall violate or fail to comply with any provisions
adopted pursuant to this chapter or any other rules, terms, regulations
or provisions adopted pursuant to this chapter, or making any false
statement on any application provided for herein, shall be deemed
to be in violation, and the violator(s) shall be liable for a fine
of not more than $600 and costs of prosecution and, in default of
payment of fine and costs, to imprisonment for not more than 30 days,
and each day that such sale or violation continues without being duly
permitted shall be considered and shall constitute a separate violation.
Construal of provisions. It is not the intention of this chapter
to change or amend the zoning laws, hawking and peddling laws and/or
any other laws or ordinances of the Borough of Paxtang.
