[Ord. 1148, 11/2/2015]
These rules and regulations are designed to control and restrict
yard sales in order to protect the public health, safety and convenience
and to restrict such sales to casual and/or occasional occurrences
only and to eliminate perpetual, prolonged and extended yard sales
in residential areas. Such sales, if continued indefinitely, tend
to become retail businesses in residential areas and create a nuisance.
The provisions of this chapter arise from the need to limit, regulate,
restrict and control yard sales.
[Ord. 1148, 11/2/2015]
The following terms shall have the meanings indicated:
The Borough of Mechanicsburg, Cumberland County, Pennsylvania.
The individual who applies for a permit and anyone who resides
in that individual's residence.
The form that must be obtained, completed, and submitted
to the Mechanicsburg Borough office prior to conducting a yard sale.
Individuals, partnerships, family groups, civic groups, voluntary
associations and corporations.
The sale or offering for sale of new, used or secondhand
items of personal property on residential property, including but
not limited to the residential property's, garage, home, lawn,
sidewalk, or yard of same.
[Ord. 1148, 11/2/2015]
1.
Unless otherwise exempted, it shall be unlawful for any person to
conduct a yard sale within the Borough of Mechanicsburg without first
obtaining a yard sale permit from the Borough.
2.
Not more than two yard sale permits shall be issued to any one person
in any one calendar year.
3.
Not more than two yard sale permits shall be issued for any one premises
in any one calendar year.
4.
It shall be unlawful to conduct a yard sale with a duration exceeding
two consecutive days.
5.
A yard sale must be held within 30 days of the issuance of the permit
for that yard sale.
6.
The yard sale permit must be posted at a visible location to the
traveling public for the duration of the sale.
7.
Each permit application shall be accompanied by a fee as shall be
set from time to time by resolution of the Borough Council.
8.
Any person conducting a yard sale within the Borough or any person
posting advertisements within the Borough limits for a yard sale to
be held inside or outside of the Borough limits shall remove from
within the Borough right-of-way all signs, flyers, posters and bulletins
no later than the day after the yard sale. Should the yard sale for
any reason not be held, all signs, flyers, posters and bulletins advertising
the yard sale must be removed no later than the scheduled last day
of the yard sale.
[Ord. 1148, 11/2/2015]
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 sale conducted by any business or commercial or industrial establishment
on property zoned as such per the zoning regulations of the Borough
of Mechanicsburg 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 of Mechanicsburg, including this chapter.
D.
Sales by a bona fide charitable, 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.
E.
Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
[Ord. 1148, 11/2/2015]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fines of $5 plus prosecution
costs for the first offense; $10 plus prosecution costs for the second
offense; and $25 plus prosecution costs for the third offense and
any offense thereafter.
[Ord. 1148, 11/2/2015]
Any police officer is hereby authorized to act on behalf of
the Borough to enforce permit requirements.
