Borough of Greencastle, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Greencastle 9-6-2005 by Ord. No. 2005-7. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.

§ 202-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Greencastle, Franklin County, Pennsylvania.
PERMIT
The form that must be obtained, completed and submitted, along with the required fee, to the Borough Office prior to conducting a yard sale.
YARD SALE
The sale or offering for sale of new, used, or secondhand goods on residential property including but not limited to the lawn, yard, garage, home, or any other accessory building located on the residential property. "Yard sale" shall include all sales on residential property known as "garage sale," "tag sale," "porch sale," "lawn sale," "rummage sale" or any other similar casual sale of tangible personal goods on residential property.
[Amended 12-4-2006 by Ord. No. 2006-10]

§ 202-2 Permit required; removal of signs.

A. 
It shall be unlawful for any individual, firm, group or corporation to conduct within the Borough a yard sale or permit a yard sale to be held within the Borough on residential property under the individual, firm, group or corporation's control without first obtaining a yard sale permit from the Borough.
B. 
Any individual, firm, group or corporation conducting a yard sale within the Borough or any individual, firm, group or corporation posting advertisements within the Borough for a yard sale to be held inside or outside the Borough shall remove all signs, flyers, posters, bulletins and other advertisements within the Borough no later than the scheduled last day for the yard sale.

§ 202-3 Regulations.

[Amended 12-4-2006 by Ord. No. 2006-10]
A. 
No individual, firm, group, or corporation may hold more than three yard sales in any one calendar year, nor shall a yard sale permit be issued to the same property address more than three times in any one calendar year.
B. 
The yard sale(s) shall not exceed three consecutive days nor exceed a period of more than seven days in any one calendar year.
C. 
The approved yard sale must be held within 15 days of the issuance of the permit for that yard sale.
D. 
No portion of a yard sale shall take place within a public right-of-way.
E. 
The individual, firm, group, or corporation to whom the yard sale permit was issued and the person conducting the sale and the owner, tenant or occupant of the premises where the yard sale is conducted shall be responsible to ensure that vehicles of persons attending the yard sale do not impede the passage of traffic on any road or streets adjacent to where the yard sale is being conducted.

§ 202-4 Fees.

[Amended 12-4-2006 by Ord. No. 2006-10]
There shall be no fee for obtaining a yard sale permit.

§ 202-5 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of $50 and costs of prosecution for the first offense; $100 plus prosecution costs for a second offense; and $300 and costs of prosecution for any third or subsequent offense.

§ 202-6 Enforcement.

[Added 12-4-2006 by Ord. No. 2006-10]
The Greencastle Police Department shall have the authority to administer the provisions of this chapter and to investigate complaints and prosecute violations of this chapter.

§ 202-7 Exemptions.

[Added 12-4-2006 by Ord. No. 2006-10]
This chapter 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 which is specifically named or described in the advertisement.
D. 
Any public auction having a duration of no more than two days and conducted by an auctioneer who is licensed by the Commonwealth of Pennsylvania.
E. 
Any publisher of a newspaper, magazine or other publication or other communications media who publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.
F. 
Any sale conducted by any legitimate business or commercial or industrial establishment, properly zoned under the zoning regulations of the Borough of Greencastle, Franklin County, and any other sale conducted by a business or commercial or industrial establishment under the protection of the nonconforming use section of the zoning laws, or by any other vendor, dealer, etc., when the sale is conducted in a properly zoned area and not otherwise prohibited by the laws and ordinances of the Borough of Greencastle, Franklin County, and Commonwealth of Pennsylvania or this chapter.