[Adopted 11-16-1988 by Ord. No. 1636]
[Amended 10-25-2000 by Ord. No. 1808]
Any person who desires to engage in seasonal
sales as defined herein shall be required to register with the Code
Enforcement Officer of the Township of Ridley to pay a registration
fee as set from time to time by resolution of the Board of Commissioners
per season per place of business located in the Township of Ridley.
It shall be permissible for nonprofit and charitable organizations, upon prior notification to the Department of Code Enforcement and upon compliance with the other provisions of this article, to engage in seasonal sales, as defined herein, and be exempt from the registration fee prescribed in §
228-3.
[Amended 10-25-2000 by Ord. No. 1808]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof by any District Justice,
be sentenced to pay a fine of not less than $100 nor more than $1,000,
together with the costs of prosecution, and each day a violation exists
shall constitute a separate offense. Where there are multiple locations
being operated under a single license and the same violation occurs
at each location, then each violation shall constitute a separate
offense. In default of the payment of the fine, the defendant shall
be sentenced to jail for a period not exceeding 30 days.
[Adopted 6-24-2015 by Ord. No. 2019]
As used in this article, the following terms shall have the
meanings indicated:
BUILDING CODE OFFICIAL
An individual certified by the Commonwealth of Pennsylvania
and appointed by a municipality to act as a chief code enforcement
official.
CODE ENFORCEMENT OFFICER
An individual appointed by a municipality and charged with
the administration and enforcement of local Township ordinances other
than the Zoning Ordinance.
PERSON
Individuals, partnerships, family groups, voluntary associations
and corporations.
PERSONAL PROPERTY
Property which is owned, used and maintained by an individual
or members of a residence. It does not include merchandise which was
purchased for resale or obtained on consignment or by donation.
YARD SALE
The sale or offering for sale of new, used or secondhand
items of personal property at any residential premises. 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. (This definition shall not include a sale where
no more than four specific items are held out for sale and where all
advertisement of such sale specifically names those items to be sold.)
ZONING OFFICER
An individual appointed by a municipality and charged with
the administration and enforcement of the local zoning ordinance.
It shall be unlawful for any person to sell or offer for sale,
under authority granted by this article, property other than personal
property at a yard sale.
Such yard sales shall be limited in time to no more than the
daylight hours of two consecutive days, but not before 8:00 a.m. nor
after 6:00 p.m.
If a yard sale is not held on the original scheduled dates or
is terminated only during the first day of the sale because of inclement
weather conditions and an affidavit by the participant to this effect
is submitted, the Zoning Officer may allow for a yard sale to be conducted
at the same location within 30 days from the date when the first sale
was to be held.
Personal property offered for sale may be displayed in a yard,
upon a lawn, in a carport, upon a porch or patio or within a yard,
but only in such areas. No personal property offered for sale at a
yard sale shall be displayed in any public right-of-way.
The stopping or parking of motor vehicles shall be conducted
in compliance with all applicable laws and ordinances. Further, the
Police Department may enforce such temporary controls to alleviate
any special hazards and/or congestion created by any yard sale.
This article shall not be applicable to:
A. Persons selling goods pursuant to an order of process or 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 (four or less) which are specifically named or described
in the advertisement.
D. Any publisher of a newspaper, magazine or other publication or other
communications media which publishes or broadcasts anything in good
faith without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this article have not
been met.
E. Any sale conducted by any legitimate business or commercial or industrial
establishment upon property zoned under the zoning regulations of
the Township of Ridley, with or without the protection of the nonconforming
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 and statutes of the Commonwealth
of Pennsylvania and ordinances of the Township of Ridley, including
this article.
F. Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
The person conducting the yard sale and the owner, tenant or
occupant of the premises where the yard 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 yard sale
or activity.
A. No such person shall permit any loud and 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 yard sale
is being conducted.
B. In the event of any emergency, all such persons shall obey reasonable
orders from any member of the Police Department or authorized fire/rescue
personnel in order to maintain the public health, safety and welfare.
Any person violating any provision of this article shall, upon
conviction thereof, be guilty of a summary offense and shall be subject
to a fine of not more than $300, in addition to the costs of prosecution,
and, in default of payment thereof, to imprisonment for a term not
to exceed 30 days. Every day that a violation of this article continues
shall constitute a separate offense.