[HISTORY: Adopted by the Borough Council of the Borough of Greenville 6-13-2006 by Ord. No. 1454 (Ch. 13, Part 5, of the 2006 Code of Ordinances.) Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 550.
Such rules and regulations as set up in this chapter are designed and restrict garage sales in order to protect the public health, safety and convenience and welfare and to restrict such sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where the activity is carried on and with the applicable ordinances, including any zoning ordinances of the Borough of Greenville, Pennsylvania. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales, if carried indefinitely, attend to become retail business in residential areas and zones, creates a nuisance and may violate other ordinances and regulations of the Borough including the zoning regulations of the Borough of Greenville. The provisions of this chapter arise from the need to eliminate, regulate, restrict and control garage sales.
The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given them in this section:
BOROUGH OF GREENVILLE
All residential dwellings located with any type of zone, zoned areas, zoning districts, whether or not said areas or zones are residential, business or otherwise, within the geographical boundaries of the Borough of Greenville.
GARAGE SALE
A. 
The sale or offering of sale of five or more new, used, or second hand items of personal property at any one residential premises at any one time;
B. 
Includes all sales in residential areas commonly known as "garage sales," "yards sales," "tag sales," "porch sales," "lawn sales," "attic sales," "basement sales," "rummage sales," "flea market sales," or any other similar casual sale of tangible personal property which is advertised by the public at large is or can be made aware of the sale.
GOODS
Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.
PERSON
Includes but is not limited to individuals, partnerships, family groups, voluntary associations and corporations;
All garages sales held pursuant to this chapter shall be conducted between the hours of 8:00 a.m. and 6:00 p.m. The number of days of the sale are limited to three consecutive days and the date or dates of such sale. No person as defined by this chapter shall have more than two garage sales, as defined by this chapter, in any calendar year.
A. 
Garage sales may be advertised through the newspaper or the media.
B. 
A sign no larger than two feet by two feet may be erected and each sign shall only be displayed during the sale and shall be removed within 24 hours after the sale has concluded.
C. 
No sign or other display advertising the sale shall be placed on the public right-of-way or on private property other than where the sale is conducted. No lighted or illuminated signs shall be used.
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 accord 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 in which separate items do not exceed nine in number. Notwithstanding any provisions of this chapter, any person may sell up to five second hand articles without being subject to the provisions of this chapter.
D. 
Any publisher of a newspaper, magazine or other publication whether communications, medias 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 a legitimate business or commercial or industrial establishment, properly zoned under the zoning regulations of the Borough of Greenville and any other sale conducted by a business, commercial or industrial establishment under the direction of the nonconforming new section of the Borough's 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 ordinance of the Borough of Greenville and the 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 section shall be on the organization or institution claiming such exemption. The Borough shall be the sole arbiter in determining if any person is exempt and said decision shall be final.
A. 
This chapter shall be enforced by the Code Enforcement Officer of the Borough of Greenville.
B. 
It shall be the duty of the Code Enforcement Officer to investigate any violation of this chapter coming to his attention, whether by complaint arising from his own personal knowledge.
C. 
If after investigation a violation is found to exist, the Code Enforcement Officer shall prosecute a complaint before the magistrate of the Borough of Greenville, pursuant to the provisions of this chapter.
D. 
Greenville Borough Police Department shall notify the Code Enforcement Officer of any alleges violations which they become aware of during the course of their normal duties.
E. 
The person conducting the sale, owner, tenant or occupant of the premises for the sale or activities conducted shall be jointly or severally responsible for maintenance of good order and quorum on the premises during the hours of such sale or activity.
F. 
No such person shall permit any loud or boisterous conduct on the premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of the premises where the sale is being conducted.
G. 
All such persons shall obey reasonable orders from any member of the Greenville Police Department or Fire Department or Code Enforcement Officer in order to maintain the public health, safety and welfare of the Borough residents.
Any person as defined by this chapter conducting any such sale or similar activity who shall violate or fail to comply with any provisions of this chapter shall be deemed to be in violation and the violator shall be liable for a fine of not less than $50 nor more than $500. Each day that such person is in violation of this chapter and continues to be in violation shall be considered and shall constitute a separate violation.