[HISTORY: Adopted by the Board of Supervisors of the Township of
Springettsbury 8-23-2007 by Ord. No. 2007-14.
Amendments noted where applicable.]
This chapter shall be known and cited as "Garage and Yard Sale Permit
Ordinance."
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 of Springettsbury Township. The
intent of this chapter 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 Springettsbury Township.
The provisions of this chapter arise from the need to limit, regulate, restrict
and control garage and yard sales. It is not the intent of this chapter to
change or amend the Zoning Ordinance, Transient Business Ordinance and/or
any other ordinances of Springettsbury Township.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale or offering for sale of five 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 sales," "yard
sales," "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 Springettsbury
Township.
Individuals, partnerships, family groups, voluntary associations
and corporations.
A.
It shall be unlawful for any person to conduct a garage
sale within the geographic boundaries of Springettsbury Township without first
obtaining a garage sale license from the Zoning Officer or his designee after
filing an application containing the information hereinafter specified.
B.
The fee for the garage sale license shall be paid. Said
fee to be established by resolution of the Board of Supervisors from time
to time.
C.
The period of the garage sale shall not exceed two consecutive
days.
D.
The time of the sale shall not begin earlier than 9:00
a.m. and shall not extend later than 9:00 p.m. prevailing time on each day
thereof.
E.
Only goods and property of the applicant shall be sold
and such goods and property shall not have been purchased or otherwise acquired
by the applicant for the purpose of resale.
F.
A maximum of two sales shall be permitted at any one
address per calendar year.
G.
Two off-premises signs shall be permitted. Signs on major
street corners attached to utility poles and street signs are strictly prohibited.
All signs must be removed within 24 hours after the sale ends.
H.
This section shall not be construed to allow sales of
any item brought to the site specifically for the sale. Any such temporary
sales activity is not permitted. Retail commercial sales by persons, agents,
or companies not in residence at the sale site are strictly prohibited.
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 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 four in number. Notwithstanding
any provisions of this chapter, any person may sell up to four secondhand
articles without being subject to the provisions of this chapter, provided
that such articles are not displayed for sale within public view.
D.
Any public auction having duration of no more than two
days and conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
A.
This chapter shall be enforced by the Zoning Officer
or his designee, and it shall be his duty to investigate and prosecute any
violation of this chapter.
B.
If after an investigation, a violation is found to exist,
the Zoning Officer or his designee shall prosecute a complaint before a District
Justice pursuant to the provisions of this chapter.
C.
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.
(1)
No such person shall permit any loud or boisterous conduct
on such premises or street 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.
(2)
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.
Any person, firm or corporation who shall violate any provision of this
chapter, upon conviction thereof in an action brought before a district justice
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 chapter continues or each section of this chapter which shall be found
to have been violated shall constitute a separate offense.
