[Ord. 170, 5/16/1979, § I]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this Part, have the meaning indicated in this section:
A sale, open to the public, of new, used or previously owned
personal property, including, but not limited to, goods, wares, merchandise
and clothing, held on vacant property, or on the lawn, yard, porch,
patio or in the garage, residence or other out-building of the person
who obtains a permit for such sale as provided by this Part.
Any natural person or persons, association, partnership,
firm, corporation or other entity.
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The singular shall include the plural, the plural shall include
the singular, and the masculine shall include the feminine.
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[Ord. 170, 5/16/1979, § II; as amended by A.O.]
No person shall cause or permit any lawn, yard, garage or tag
sale to take place upon any property owned by such person without
first having obtained a permit therefore. Application such permit
shall be made to the Secretary of the Township by the person at whose
residence such sale shall be held; and such application shall state
the name of the applicant, the location of the proposed sale, the
day or days on which the sale is to be held and the names and resident
addresses of all other persons who are to contribute personal property
to the sale. Such permit shall be issued by the Township Secretary
upon the filing of an application together with payment of a fee in
an amount as established, from time to time, by resolution of the
Board of Supervisors.
[Ord. 170, 5/16/1979, § III]
Not more than four permits shall be issued under this Part to
the same person in any one calendar year and not more than four sales
shall be held from any one location in any one calendar year.
[Ord. 170, 5/16/1979, § IV]
Every permit shall be issued under the following conditions,
and failure to comply with any condition shall constitute a violation
of this Part and shall entitle the Township Secretary to declare the
permit revoked, without refund of any part of the permit fee to the
holder: (A) the sale shall be held at the location stated in the application
and on the permit; (B) the permit shall be valid for two consecutive
days as stated on the permit, except that the permit may specify one
or two alternate "rain dates" in case of inclement weather on one
or two, as the case may be, of the dates first specified on the permit;
(C) no more than three families or householders may participate in
the sale by furnishing personal property for sale and/or by engaging
in the sale of personal property; (D) no sale shall commence before
9:00 a.m. or after 7:00 p.m. prevailing time, on any day; (E) no music,
games or other entertainment or activities may be conducted at the
time when and the place where the sale is held and there shall be
no unnecessary or excessive noise.
[Ord. 170, 5/16/1979, § V]
Because the sale is temporary in nature and permissible in residential
districts where commercial activities are not permitted, such sale
shall be limited to possessions of the holder of the permit (and the
other families and householders referred to in this Part). It shall
be unlawful to engage or employ any individual, organization or other
entity to plan, arrange, conduct, promote or supervise the sale.
[Ord. 170, 5/16/1979, § VI]
The permit holder must exhibit the permit at the time of sale
in full view of the public at all times.
[Ord. 170, 5/16/1979, § VII]
No notice, advertisement or directional sign pertaining to such
sale shall be placed or posted: (A) on any post or pole used for traffic
signs or signals; (B) on the surface of any street, curb or sidewalk;
or (C) without permission of the owner or occupant of the property,
anywhere on private property. Upon conclusion of the time stated in
the permit for the holding of such sale, the holder of the permit
shall remove and take away all such notices, advertisements and directional
signs not previously removed and taken away.
[Ord. 170, 5/16/1979, § VIII]
None of the following may be sold or offered for sale: (A) anything
for which a separate license is required by law or by any federal,
state or municipal regulation; (B) anything of an explosive, poisonous
or dangerous nature.
[Ord. 170, 5/16/1979, § IX; as amended by A.O.]
Any person who shall violate or fail to comply with any of the
provisions of this Part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
