[HISTORY: Adopted by the Board of Supervisors
of the Township of Tobyhanna 5-20-1996 by Ord. No. 380. Amendments noted where
applicable.]
This chapter shall be known as the "Tobyhanna
Township Lawn, Yard, Garage, Tag and Estate Sale, Bazaar, Fair and
Festival Ordinance."
The Board of Supervisors of Tobyhanna Township,
by authority granted to it as specified by the Act of May 1, 1933,
reenacted and amended November 9, 1995, and the Second Class Township
Code, Section 1601(c),[1] of December 31, 1995, hereby enacts this chapter.
[1]
Editor's Note: See 53 P.S. § 66601.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
in this section as follows:
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 or residence, or in the principal or outbuilding,
of the person who obtains a permit for such a sale as provided by
this chapter.
Any natural person or persons, associations, partnerships,
firm, corporation or other entity.
[Amended 3-15-2021 by Ord. No. 562]
A.
No person shall cause or permit any lawn, yard or garage sale, estate
auction, tag sale, estate sale, bazaar, festival or fair to take place
upon any property owned by such person without there being first issued
a permit therefor. Application for such permit shall be made to Tobyhanna
Township by the person at whose residence or property such sale shall
be held; and such application shall be in writing on forms furnished
by Tobyhanna Township. Such permit shall be issued by Tobyhanna Township
upon the filing of an application, together with the required fee.
Permit fees shall be as determined from time to time by resolution
of the Township Supervisors.
B.
Not more than two permits shall be issued under this chapter to the
same person in any one calendar year, and not more than two sales
shall be held from any one location in any one calendar year for lawn,
yard, garage, tag, and estate sales. A maximum of two permits per
annum shall be issued per nonprofit organization to conduct bazaars,
festivals, and fairs in the Township.
[Amended 3-15-2021 by Ord. No. 562]
Every permit issued pursuant to this chapter shall be subject
to the conditions as hereinafter set forth, and failure to comply
with any condition as mandated by this chapter shall constitute a
violation of the permit and shall entitle Tobyhanna Township to declare
the permit revoked, and without any 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 three 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 days, as the
case may be, of the dates first specified on the permit.
C.
No more than three families or households 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 continue after 7:00 p.m.,
prevailing time, on any day.
E.
No music, game 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.
[Amended 3-15-2021 by Ord. No. 562]
Every permit issued pursuant to this chapter shall be subject
to the conditions as hereinafter set forth, and failure to comply
with any condition shall constitute a violation of this chapter and
shall entitle Tobyhanna Township to declare the permit revoked, and
without any 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 seven 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 sale shall commence before 9:00 a.m. or continue after 11:00 p.m.,
prevailing time, on any day.
Because the lawn, yard, garage and tag 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 households referred to in this chapter).
The permit holder must display the permit at
the time of sale in full view of the public at all times.
None of the following may be sold or offered
for sale:
This chapter shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this chapter shall,
upon conviction in a summary proceeding, be punishable by a fine of
not more than $1,000 or by imprisonment for a term not exceeding 90
days. Each day or portion thereof that such violation continues, or
is permitted to continue, shall constitute a separate offense. Each
section of this chapter that is violated shall also constitute a separate
offense.
