[HISTORY: Adopted by the Board of Supervisors of the Township of Worcester 8-9-1976 by Ord. No. 79. Amendments noted where applicable.]
Zoning — See Ch. 150.
This chapter shall be known as the "Yard Sale and Garage Sale Ordinance of Worcester Township."
The purpose of this chapter, consistent with the Act of May 1, 1933, P.L. 103, as amended, and known as the "Second Class Township Code," is to license, regulate and control yard sales or garage sales within residential and industrial districts within Worcester Township.
Editor's Note: See 53 P.S. § 65101 et seq.
Unless otherwise expressly stated, the following words and phrases shall be constructed throughout this chapter to have the meanings herein set forth:
- The sale, barter or auction by public display and/or advertisement by signs, handbills, circulars or word of mouth of any items of personalty shown on the premises of the owner with said sale being conducted on said premises.
- The Board of Supervisors of Worcester Township.
- GARAGE SALE
- The sale, barter or auction by public display and/or advertisement by any signs, handbills or circulars or word of mouth of any items of personalty shown on the premises of the owner with said sale being conducted on said premises.
- The document secured from the Township, upon execution of the application and payment of the appropriate filing fee.
- Includes natural person, individuals, corporations, eleemosynary, philanthropic or religious institutions, home owner associations, unincorporated associations, unincorporated associations, partnerships and joint ventures who are owners of real estate within the Township of Worcester, their equitable owners or any agents, servants, workmen or employees thereof or independent contractors thereof.
- Yard sale, garage sale or sidewalk sale or any other activity by which a person shall display items or personalty to persons and invite the bidding or purchase thereof by persons.
- YARD SALE
- The sale, barter or auction by public display and/or advertisement by any signs, handbills, circulars or word of mouth of any items of personalty shown on the premises of the owner with said sale being conducted on said premises.
Plural and singular and gender. As used herein, the masculine singular shall include the plural and the feminine and neuter, singular and plural.
License. No person shall conduct a yard sale, garage sale or auction upon his premises or the premises of another within the Township of Worcester without first obtaining a license from the Board, except that no Township license is required by a person having a current auctioneer's license form the Commonwealth of Pennsylvania.
Application. For the purpose of this chapter, any person desiring to secure a license to conduct a yard sale, garage sale or auction shall at least two weeks prior to the time and date set for the sale or auction execute with the Township Offices an application to issue the license and pay the fee aforesaid.
Form of application. The application shall contain the following information:
Place of the sale or auction.
Time of the sale or auction.
Name of the owner of the property.
Name or names of persons other than the owner, if any, who will be conducting the sale or auction.
Description of signs, if any, and the location thereof within the Township.
Date or dates of prior sales or auctions.
Name or names to whom the license shall be issued.
Placement of signs or handbills, if any.
Application under oath. The person requesting said license and executing said application shall affix his or her signature, under oath, swearing or affirming that the facts set forth therein are true and correct.
Processing of application. The Board of Supervisors of Worcester Township shall designate an employee of Worcester Township as follows:
Payment of license fee. The payment of the license fee shall be due at the time the application is filed with the Township and shall be due and payable for the purpose of processing the application, irrespective of the granting or denial of the license.
Limitation of license. No person licensed under this chapter shall conduct more than one yard sale, garage sale or auction on a specific property within residentially zoned districts in Worcester Township during any calendar year. Each day that a sale is conducted shall be considered and counted as a separate sale.
[Amended 8-21-1996 by Ord. No. 150]
In the event of inclement weather, or for some other reason the sale or auction shall be canceled on the day upon which it was to occur, for an additional fee, in an amount as set forth in the Fee Schedule, paid to the Treasurer of the Township, the sale or auction can be rescheduled at the option of the license holder.
No license issued by the Board shall be transferable by the licensee to any other person, nor shall the place of the sale or auction be changed without cancellation of the license and issuance of a new license, upon application, to the new location.
In the event that any licensee proposes to post signs or handbills with Worcester Township to advertise the sale or auction, said licensee shall, in addition to the licensing fee filed aforesaid, also post with the Treasurer of Worcester Township, cash or other surety in the sum as set forth in the Fee Schedule, which sum shall be returned to licensee as soon as the Township, through its duly directed employee aforesaid, is satisfied that the handbills and/or signs have been removed from the place or places where posted.
[Amended 8-21-1996 by Ord. No. 150]
Restrictions on handbills or signs. Any signs or handbills placed within the Township of Worcester by a licensee or by persons on his behalf shall be subject to the following restrictions:
Time of placement. The handbills or signs shall not be publicly placed within the Township any earlier than two weeks prior to the date scheduled for sale or auction.
Place of placement. No handbills or signs shall be placed upon private property of another without written consent having first been had or secured and no sign or handbill may be posted upon the private property of another on more than one occasion per year.
List of locations. In the event that signs or handbills are employed by the licensee or placed by the licensee or on his behalf, simultaneously with the execution of the application for license and payment of the license fee the licensee shall provide a list of all locations within Worcester Township where the handbills or signs were placed.
Penalty. Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceeding, be sentenced as provided in Chapter 1, Article II, General Penalty; provided, however, that each day's violation of any of the provisions of this chapter shall constitute a separate offense.
[Amended 8-21-1996 by Ord. No. 150]
Equity. In addition to the penalty provisions aforesaid, nothing herein contained shall preclude the Board of Supervisors of Worcester Township from commencing, in the name of Worcester Township, an action within the Court of Common Pleas of Montgomery County, or such other court as may be deemed appropriate seeking to enjoin any person from violating the terms of this chapter or any portion thereof or seeking to abate a nuisance.
Nothing herein contained shall be construed to enlarge the uses permitted within Chapter 150, Zoning, as it may be amended.
In the case of all other ordinances of Worcester Township, with the exception of Chapter 150, Zoning, where there is determined to be a conflict between this chapter and other ordinances by any court of competent jurisdiction this chapter shall prevail and be controlling.