This chapter shall be known as the "Ordinance
Regulating and Restricting Garage Sales."
Rules and regulations as set forth in this chapter
are designed to control and restrict garage 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 and
with the zoning laws of the Township of Maidencreek, Berks County,
Pennsylvania. The intent of this chapter is to eliminate perpetual
prolonged and extended garages sales in residential areas. Such sales,
if carried on indefinitely, tend to become retail businesses in residential
areas and zones, creating nuisances and usually violating the zoning
regulations of the Township of Maidencreek, Berks County, Pennsylvania.
The provisions of this chapter arise from the need to limit, regulate,
restrict and control garage sales.
As used in this chapter, the following terms
shall have the meanings indicated:
GARAGE SALES
A.
The sale or offering for sale of 10 or more
new, used or secondhand items of personal property at any one residential
premises at any one time;
B.
The terms 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.
GOODS
Includes any goods, warehouse merchandise or other personal
property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, family groups, voluntary
associations and corporations.
TOWNSHIP OF MAIDENCREEK
Includes all residential dwellings located within any type
of zone, zoned areas, zoning districts, whether or not said areas
or zones are residential, business, commercial or otherwise, within
the geographic boundaries of the Township of Maidencreek, Berks County,
Pennsylvania.
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, executors, administrators and trustees.
C. Any person selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed nine in
number. Notwithstanding any provisions of this chapter, any person
may sell up to nine secondhand articles without being subject to the
provisions of this chapter.
D. Any sale conducted by any legitimate business or commercial
or industrial establishment, on properties zoned under the zoning
regulations of the Township of Maidencreek, Berks County, Pennsylvania,
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 Township of Maidencreek, Berks County,
Pennsylvania, or this chapter.
E. Sales by a bona fide charitable, educational, cultural
or governmental institution, civic group, service club, religious
or fraternal society or other tax-exempt organization; provided, however,
that the burden of proof of establishing the exemption under this
section shall be on the organization or institution claiming such
exemption.
F. Any public auction conducted by an auctioneer, licensed
by the Commonwealth of Pennsylvania having a duration of no more than
two days.
Any person who violates any provision of this chapter shall be subject to the general penalty provisions as prescribed in Article
I of Chapter
1, General Provisions.
It is not the intention of this chapter to change
or amend the zoning laws, hawking and peddling laws, or any other
laws or ordinances of the Township of Maidencreek, Berks County, Pennsylvania.