[HISTORY: Adopted by the Borough Council of the Borough of
Bath 10-1-2007 by Ord. No. 2007-601. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
The Borough of Bath, Northampton County, Pennsylvania.
A yard sale sponsored by a nonprofit service organization or nonprofit charitable organization and permitted by this chapter pursuant to § 664-4D. Further, said yard sale shall be governed by a list of participating properties provided to the Borough by said nonprofit organization or nonprofit charitable organization.
The individual who applies for a permit, and anyone who resides
in that individual's residential property.
Any furniture designed for indoor use, including, but not
limited to, bureaus, dressers, bed frames, mattresses, box springs,
sofas, couches, section couches, love seats, and recliners or any
upholstered furniture designed for indoor use.
Refer to the form that must be obtained, completed and submitted
along with the respective fee to the Borough Secretary prior to conducting
a yard sale.
Any structure, or part thereof, designed to be legally occupied
as the living quarters of one family or housekeeping unit having separate
kitchen and separate bathroom facilities.
Any public sale of goods on residential property including,
but not limited to, the residential property's garage, home,
lawn or yard.
A.
It shall be unlawful for any individual, group, corporation or entity
to conduct, within the Borough, a yard sale, or permit a yard sale
to be held within the Borough, on residential property under the control
of said individual, group, corporation or entity without first obtaining
a yard sale permit from the Borough, except for a community yard sale
as defined herein.
B.
No signs shall be posted on any public property or any utility poles.
C.
No yard sale may operate during the hours of 7:00 p.m. and 7:00 a.m.
D.
No indoor furniture may be stored or maintained outside a residential
property except for sale as part of a permitted yard sale.
E.
No yard sale may obstruct adjacent residential property, a Borough
easement, a Borough right-of-way, or a public sidewalk along a state
road or Borough street. In no event may a yard sale permittee place
or permit to be placed any sale items, indoor furniture or sale materials
whatsoever within or on a Borough easement, a Borough right-of-way
or a public sidewalk along a state road or Borough street.
F.
No yard sale may be permitted except by the occupier of the residential
property and no sale items owned by any person, individual, corporation
or entity not residing at the residential property may be brought
to the residential property as part of the yard sale.
G.
No signs advertising a yard sale may be erected more than three days
prior to the first day of a yard sale, and all said signs and goods
must be removed by the end of the yard sale. Further, no signs advertising
a yard sale may have a sign area exceeding two square feet.
A.
The fee for the first permit issued to a household within any twelve-month
period shall be $5;
B.
The fee for the second permit issued to a household within the same
twelve-month period as the first permit shall be $5; and
C.
All permit fees shall be paid to the Borough Secretary prior to the
issuance of the permit.
D.
Nonprofit service organizations and nonprofit charitable organizations
may obtain up to two yard sale permits in any twelve-month period
without payment of fee.
[Amended 11-5-2018 by Ord. No. 2018-678]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of $100 plus prosecution
costs for the first offense; $300 plus prosecution costs for the second
offense; and $500 plus prosecution costs for the third offense and
any offense thereafter. In addition, court costs and reasonable attorney
fees incurred by the Borough in enforcement proceedings shall be assessed
against violator and awarded to the Borough.
The Borough Manager or her designee, any police officer or Code
Enforcement Officer is hereby authorized to act on behalf of the Borough.
