[Ord. 856, 6/11/1992, § 1]
This Part shall be known and cited as "Garage and Yard Sale
Permit Ordinance."
[Ord. 856, 6/11/1992, § 2]
These rules and regulations are designed to control and restrict garage and yard 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 in compliance with the Zoning Ordinance [Chapter 27] of the Borough of Shillington. The intent of this Part is to eliminate perpetual, prolonged and extended garage and yard sales in residential areas. Such sales if continued indefinitely tend to become retail businesses in residential areas and zones, create a nuisance and often violate the zoning regulations of the Borough of Shillington. The provisions of this Part arise from the need to limit, regulate, restrict and control garage and yard sales. It is not the intent of this Part to change or amend the Zoning Ordinance [Chapter 27], Transient Business Ordinance [Part 4] and/or any other ordinance of the Borough of Shillington.
[Ord. 856, 6/11/1992, § 3]
As used in this Part, the following terms shall have the meanings
indicated:
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 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.
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 Shillington.
Individuals, partnerships, family groups, voluntary associations
and corporations.
[Ord. 856, 6/11/1992, § 4]
1.
It shall be unlawful for any person to conduct a garage sale within
the geographic boundaries of the Borough of Shillington without first
obtaining a garage sale license from the Zoning Officer after filing
an application containing the information hereinafter specified.
2.
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 set by the Borough Council pursuant
to a resolution.
[Ord. 856, 6/11/1992, § 5]
1.
This Part 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 is specifically named or described in the advertisement
and which separate items do not exceed nine in number. Notwithstanding
any provisions of this Part, any person may sell up to nine secondhand
articles without being subject to the provisions of this Part.
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 Part 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 of Shillington with or without the protection of the non-conforming
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 of Shillington including this Part.
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.
[Ord. 856, 6/11/1992, § 6]
1.
This Part shall be enforced by the Zoning Officer and it shall be
his duty to investigate and prosecute any violation of this Part.
2.
If, after an investigation, a violation is found to exist, the Zoning
Officer shall prosecute a complaint before a District Justice pursuant
to the provisions of this Part.
3.
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.
A.
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.
B.
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.
[Ord. 856, 6/11/1992, § 7]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, and in default of payment, to imprisonment
for a term not to exceed 30 days.
