[HISTORY: Adopted by the Mayor and Council of the City of
Washington 4-24-1986 by Ord. No. 1356 (Ch. 13, Part 8, of the 1986 Code
of Ordinances). 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 City of Washington. 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 City of Washington. 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 City of Washington.
As used in this chapter, the following terms shall have the
meanings indicated:
All residential dwellings located within any type of zone,
zoned area, or zoning district (whether or not said areas or zones
are residential, business, commercial or otherwise) within the geographic
boundaries of the City of Washington.
The sale or offering for sale of 10 or more new, used or secondhand
items of personal property at any one residential premises for up
to any three consecutive days.
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.
A.Â
It shall be unlawful for any person to conduct a garage sale within
the geographic boundaries of the City without first obtaining a garage
sale license from the City after filing an application containing
the information hereinafter specified.
B.Â
The first garage sale license issued to any one person or for any
one premises within one twelve-month period shall be issued without
charge. For the second such license issued in any twelve-month period,
there shall be a nonrefundable fee of $15, as set by the resolution
of the City Council. No permits will be issued to the same person
or location for a period thereafter.
This chapter shall not be applicable to:
A.Â
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
B.Â
Persons acting in accordance with their powers and duties as public
officials.
C.Â
Any person selling or advertising for sale an item or items of personal
property which is 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.Â
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 met.
E.Â
Any sale conducted by any legitimate business or commercial or industrial
establishment on property zoned under the zoning regulations of the
City with or without the protection of the nonconforming use section
of the zoning laws, or any sale conducted by any other vendor or dealer
when the sale is conducted in a properly zoned area and not otherwise
prohibited by laws of the Commonwealth of Pennsylvania and ordinances
of the City, including this chapter.
F.Â
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 to establish the exemption under this Subsection F shall be on the organization or institution claiming such exemption.
G.Â
Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
A.Â
This chapter shall be enforced by the Police Department. It shall
be the duty of the Police Department to investigate any violation
of this chapter.
B.Â
If after an 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.
C.Â
The person to whom the garage sale license 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)Â
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)Â
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.
[Amended 12-7-2006 by Ord. No. 1766]
A.Â
Any individual, person, firm, corporation or other entity who shall
violate any provision of this chapter shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.Â
Each day that a violation of this chapter shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.Â
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this chapter. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the chapter or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the chapter.
