[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-5-1987 by Ord. No. 568 (Ch. 13, Part 3, of the
1987 Code of Ordinances)]
This article shall be known as the "Ordinance Regulating and
Restricting Garage Sales."
Such rules and regulations as set up in this article 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 Chapter 610, Zoning, of the Borough of Collingdale. The intent of this article 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. The provisions of this article arise from the need to limit, regulate, restrict and control garage sales. It is not the intent of this article to change or amend the zoning laws, transient business laws and/or any other laws or ordinances of the Borough of Collingdale.
As used in this article, the following terms shall have the
meanings indicated:
All residential dwellings located within any type of zone,
zoned area, zoning district, whether or not said areas or zones are
residential, business, commercial or otherwise, within the geographic
boundaries of the Borough of Collingdale.
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.
Includes 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.
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.
It shall be unlawful for any person to conduct a garage sale within
the geographic boundaries of the Borough without first obtaining a
garage sale license from the Borough Manager after filing an application
containing the information hereinafter specified.
B.
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, as established from time to time
by Borough Council.
This article shall not be applicable to:
A.
Persons selling goods pursuant to an order or 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 is specifically named or described in the advertisement
and which separate items do not exceed nine in number. Notwithstanding
any provisions of this article, any person may sell up to nine secondhand
articles without being subject to the provisions of this article.
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 article have not
been met.
E.
Any sale conducted by any legitimate business or commercial or industrial
establishment on property zoned under the zoning regulations of the
Borough, 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 Borough including this article.
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 to establish the exemption under this subsection
shall be on the organization or institution claiming such exemption.
G.
Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
No person, organization, group, charity and/or corporation of
any kind shall permit the sale of dangerous instrumentalities at flea
markets, garage sales, neighborhood and/or block sales. Dangerous
instrumentalities shall include, but not be limited to:
A.
Items and/or products which have no legitimate purpose other than
as a weapon, instrument of harm and/or injury, or otherwise constitute
a threat to human beings.
A.
This article shall be enforced by the Police Department. It shall
be the duty of the Police Department to investigate any violation
of this article.
B.
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 article.
C.
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)
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.
A.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $300 and/or to imprisonment for a term not to
exceed 90 days.
[Adopted 9-4-2012 by Ord. No. 685]
This article shall be known and may be cited as the "Borough
of Collingdale Merchant Sidewalk Sales Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Any natural person, association, partnership, firm, corporation
or other business entity, including, but not limited to, any owner,
employer or lessee of any store, shop, office or other commercial
or retail place of business located within the Borough of Collingdale.
The offer for sale of any goods, services, wares or merchandise
of any sort or description whatsoever by any merchant:
It shall be unlawful for any merchant to engage in sidewalk
sales in the Borough of Collingdale at any time for any reason whatsoever
except as otherwise provided by this article.
The Borough Manager may, upon written request of any merchant
as defined in this article, authorize temporary sidewalk sales for
a period not in excess of three consecutive days in any thirty-day
period. An appeal to the Council of the Borough of Collingdale may
be taken by any merchant aggrieved by the decision of the Borough
Manager.
The provisions of this article shall not be construed to apply
to:
A.
Boys or girls under 18 years of age who take orders for newspapers,
greeting cards, candy and the like or who represent the Boy Scouts
or Girl Scouts clubs of America.
B.
Representatives of any educational, civic, charitable or religious
organization offering goods, services, wares or merchandise for sale,
provided that such sales:
C.
Any merchant who has registered with the Pennsylvania Department
of State and is permitted to make retail sales as required by the
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq.
D.
Florist selling their own floral products and the like.
Any merchant who violates the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$300 nor more than $500 for each offense and the costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
for not more than 10 days.
