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Borough of Middleburg, PA
Snyder County
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Table of Contents
Table of Contents
Code
New Laws (12) Index
[Ord. 295, 11/8/2005]
1. 
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
TRANSIENT RETAIL BUSINESS
A. 
Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares, or merchandise upon any street, alley, sidewalk or public ground, or from house to house, within the Borough.
B. 
Selling, soliciting, or taking orders for any goods, wares or merchandise, from a fixed location within the Borough, on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for yearly holidays.
2. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
[Ord. 295, 11/8/2005]
No person shall engage in any transient retail business within the Borough without first having obtained from the Borough Secretary a license, for which a fee, which shall be for the use of the Borough, shall be charged, said fee to be in such amount as established, from time to time, by resolution of the Borough Council; provided, however, no license shall be required for religious proselytizing, anonymous political speech, or the distribution of handbills.
[Ord. 295, 11/8/2005]
1. 
No license fee shall be charged:
A. 
To farmers selling their own produce.
B. 
For the sale of goods, wares, and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
C. 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
D. 
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
E. 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
F. 
To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
G. 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
2. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Borough Secretary and obtain a license without fee; provided that any person dealing in one or more of the above-mentioned exempted categories, and dealing with other goods, wares or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this Part for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories; provided, further, that the Borough Secretary may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation; provided, further, that every license issued under the provisions of this Part shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants.
[Ord. 295, 11/8/2005]
Every person desiring a license under this Part shall first make application to the Borough Secretary for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:
A. 
His criminal record, if any.
B. 
Name and address of the person by whom he is employed.
C. 
Type of goods, wares and merchandise he wishes to deal with in such transient retail business.
D. 
Length of time for which license is to be issued.
[Ord. 295, 11/8/2005]
Upon receipt of such application and the prescribed fee, the Borough Secretary, if he shall find such application in order, shall issue the license required under this Part. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, municipal officials, and citizens or residents of the Borough.
[Ord. 295, 11/8/2005]
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
D. 
Park a vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 9:00 p.m. on any day of the week other than a Sunday or legal holiday.
[Ord. 295, 11/8/2005]
The Borough Secretary shall supervise the activities of all persons holding licenses under this Part. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
[Ord. 295, 11/8/2005]
The Borough Secretary is hereby authorized to deny, suspend or revoke any license issued under this Part when he deems such denial, suspension or revocation to be beneficial to the public health, safety, or morals, or for violation of any provision of this Part, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Ord. 295, 11/8/2005; as amended by Ord. 323, 9/9/2014]
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 less than $50 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. No. 335, 8/14/2018]
This Part is intended to ensure that any yard sales conducted or advertised in the Borough are done so in a manner which protects the public health, safety and welfare of those in the Borough by:
1. 
Preserving the character and value of the neighborhoods in which the yard sales may occur;
2. 
Preventing prolonged or perpetual yard sales;
3. 
Preventing nuisances; and
4. 
Complying with existing Borough ordinances, codes and regulations, including the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 27, Zoning.
[Ord. No. 335, 8/14/2018]
This Part shall be known and may be cited as the "Middleburg Borough Yard Sale Ordinance."
[Ord. No. 335, 8/14/2018]
Unless otherwise expressly stated, the following terms, when used in this Part, shall be defined as set forth in this section:
ADVERTISING
Posting any sign, flyer, poster, bulletin or other form of written communication regarding a yard sale in a place able to be seen by passersby, whether motorists, bicyclists or pedestrians, from a public street or sidewalk.
BOROUGH
The Borough of Middleburg.
PERSON
Any natural person, association, partnership, firm, corporation, organization or other entity. The singular shall include the plural and vice versa.
PERSONAL PROPERTY
Household goods, merchandise, tools, clothes and all other items which are not real property or interests in real property.
YARD SALE
1. 
A public sale of personal property conducted on a residential property; and
2. 
A public sale of personal property conducted on a nonresidential property not regularly used and properly permitted for the public sale of personal property.
3. 
This definition shall apply to any sale meeting the definition regardless of the term used to describe the sale.
[Ord. No. 335, 8/14/2018]
1. 
No person shall conduct any yard sale within the Borough in violation of this Part.
2. 
No person shall advertise within the Borough for any yard sale, regardless of the location of the yard sale, in a manner in violation of this Part.
3. 
No person shall permit any yard sale to occur in violation of this Part on property they own within the Borough.
[Ord. No. 335, 8/14/2018]
This Part shall not apply to:
1. 
Advertising by Reliance Hose Company No. 1 on its permanent sign.
2. 
Any sale conducted within the Borough by a licensed auctioneer.
[Ord. No. 335, 8/14/2018]
1. 
Only six yard sales may be held per year on the same property in the Borough.
2. 
No yard sale may continue for more than four consecutive days.
3. 
No yard sale may be conducted on the public sidewalks of the Borough.
[Ord. No. 335, 8/14/2018]
1. 
Advertising within the Borough for any yard sale:
A. 
Shall not occur more than seven days before the date the yard sale begins; and
B. 
Shall be completely removed no later than the day after the end of the yard sale.
2. 
No single advertising item shall be greater than six square feet.
3. 
No advertising shall be placed on a road.
4. 
No advertising shall interfere with the visibility at road intersections nor shall any advertising exceed 36 inches in height above the center line of the road when placed at a road intersection.
5. 
No advertising shall interfere with the ability of the public to safely use any road or sidewalk.
6. 
No advertising shall be in any way placed upon or attached to any utility pole, bridge structure, traffic sign, street sign or other public sign.
7. 
No advertising shall be placed on any private property other than the property where the advertised yard sale is occurring unless permission is obtained from the property owner prior to placement of the advertising.
8. 
All advertising shall include on the front of the advertising:
A. 
The dates the yard sale is beginning and ending;
B. 
The address for the property where the yard sale is occurring.
[Ord. No. 335, 8/14/2018]
1. 
Any person who violates any provision of this Part shall, upon conviction in a summary proceeding, be sentenced to pay the costs of prosecution and a fine of:
A. 
$25 for the first offense.
B. 
$50 for the second offense.
C. 
$150 for the third offense.
2. 
Every single item of advertising in violation of this Part shall be a separate offense for which a separate fine shall be imposed.
[Ord. No. 335, 8/14/2018]
1. 
This Part shall be enforced by the Middleburg Borough Police Department.
2. 
Any advertising item found in violation of this Part may be immediately removed by the Borough and destroyed if not claimed by the owner at the Borough office within seven calendar days.
[Ord. No. 335, 8/14/2018]
If any provision, sentence, clause, section or any part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Borough Council that this Part would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not been included herein.