Such rules and regulations as set up in this chapter are designed
and restrict garage sales in order to protect the public health, safety
and convenience and welfare and to restrict such sales to casual and/or
occasional occurrences only in keeping with the character of the neighborhood
where the activity is carried on and with the applicable ordinances,
including any zoning ordinances of the Borough of Greenville, Pennsylvania.
The intent of this chapter is to eliminate perpetual, prolonged and
extended garage sales in residential areas. Such sales, if carried
indefinitely, attend to become retail business in residential areas
and zones, creates a nuisance and may violate other ordinances and
regulations of the Borough including the zoning regulations of the
Borough of Greenville. The provisions of this chapter arise from the
need to eliminate, regulate, restrict and control garage sales.
The following words and phrases when used in this chapter shall
have, unless the context clearly indicates otherwise, the meanings
given them in this section:
BOROUGH OF GREENVILLE
All residential dwellings located with any type of zone,
zoned areas, zoning districts, whether or not said areas or zones
are residential, business or otherwise, within the geographical boundaries
of the Borough of Greenville.
GARAGE SALE
A.
The sale or offering of sale of five or more new, used, or second
hand items of personal property at any one residential premises at
any one time;
B.
Includes all sales in residential areas commonly known as "garage
sales," "yards sales," "tag sales," "porch sales," "lawn sales," "attic
sales," "basement sales," "rummage sales," "flea market sales," or
any other similar casual sale of tangible personal property which
is advertised by the public at large is or can be made aware of the
sale.
GOODS
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
PERSON
Includes but is not limited to individuals, partnerships,
family groups, voluntary associations and corporations;
All garages sales held pursuant to this chapter shall be conducted
between the hours of 8:00 a.m. and 6:00 p.m. The number of days of
the sale are limited to three consecutive days and the date or dates
of such sale. No person as defined by this chapter shall have more
than two garage sales, as defined by this chapter, in any calendar
year.
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 accord with their powers and duties as public officials.
C. Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
in which separate items do not exceed nine in number. Notwithstanding
any provisions of this chapter, any person may sell up to five second
hand articles without being subject to the provisions of this chapter.
D. Any publisher of a newspaper, magazine or other publication whether
communications, medias 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.
E. Any sale conducted by a legitimate business or commercial or industrial
establishment, properly zoned under the zoning regulations of the
Borough of Greenville and any other sale conducted by a business,
commercial or industrial establishment under the direction of the
nonconforming new section of the Borough's 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 ordinance
of the Borough of Greenville and the Commonwealth of Pennsylvania
or this chapter.
F. Sales by a bona fide charitable, eleemosynary, 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. The Borough shall be the sole arbiter in determining if
any person is exempt and said decision shall be final.
Any person as defined by this chapter conducting any such sale
or similar activity who shall violate or fail to comply with any provisions
of this chapter shall be deemed to be in violation and the violator
shall be liable for a fine of not less than $50 nor more than $500.
Each day that such person is in violation of this chapter and continues
to be in violation shall be considered and shall constitute a separate
violation.