[Ord. 1971, 8/25/2014]
This Part shall be known and be cited as the "Yard Sale Ordinance."
[Ord. 1971, 8/25/2014]
The rules and regulations contained within this Part are designed
to control and restrict garage and yard sales in order to protect
the public health, safety and convenience and to restrict such sales
to casual and/or occasional occurrences only upon residential premises.
[Ord. 1971, 8/25/2014]
The following words and phrases, when used in this Part, shall
have the meanings ascribed to them in this section, except where the
context or language clearly indicates or requires a different meaning:
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
Individuals, partnerships, family groups, voluntary associations
and corporations.
Any lot or parcel of real estate upon which is erected a
building designed or used as living quarters for one or more persons
or families.
The sale or offering for sale of five or more new, used or
secondhand goods or items of personal property at any one residential
premises at any one time. The term "yard sale" shall include all sales
at a residential dwelling, described as, or in the nature of, a yard
sale(s), garage sale(s), tag sale, porch sale, lawn sale, attic sale,
basement sale, rummage sale, flea market sale, or any similar casual
sale of tangible personal property.
[Ord. 1971, 8/25/2014]
1.
Yard sales may be conducted upon residential premises by the owner
or occupant thereof, subject to the following limitations:
A.
In no case may more than three yard sales be held on any residential
premises within a calendar year.
B.
No yard sale may be conducted for a period exceeding three consecutive
days.
C.
No import or stocking of inventory is permitted.
D.
Signs/Advertisement:
(1)
One sign, with a maximum area of four square feet, advertising
the yard sale, shall be permitted on the residential premises where
the sale occurs, which shall be removed within four hours after completion
of the sale.
(2)
No signs or posters advertising the yard sale may be posted
on public property such as utility poles, traffic sign standards or
within Township, County or State rights-of-way.
(3)
No signs or posters advertising the yard sale may be placed
on private property without the explicit consent of the property owner.
E.
All goods for sale and all sale-related fixtures or equipment shall
be removed within four hours of completion of the sale.
F.
No yard sale activities shall take place in the public street cartway
or upon the public sidewalk.
G.
By order of the Harrison Township Police or the Code Enforcement
Officer, a yard sale must be discontinued if the sale results in vehicles
being parked so as to obstruct traffic or fire truck access, or so
as to violate official parking restrictions, or if the sale results
in other public nuisance conditions or threatens the public health,
safety or welfare.
H.
No activity related to any yard sale shall commence before 8:00 a.m.,
or proceed after 5:00 p.m.
[Ord. 1971, 8/25/2014]
This Part shall not be applicable to:
A.
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
B.
Any person selling or advertising for sale an item or items of personal
property which is or are specifically named or described in the advertisement
and which separate items do not exceed five in number. Notwithstanding
any provisions of this Part, any person may sell up to five secondhand
articles without being subject to the provisions of this Part.
[Ord. 1971, 8/25/2014]
1.
This ordinance shall be enforced by the Township Ordinance Enforcement
Officer or the Township Police.
2.
If, after an investigation, a violation is found to exist, an appropriate
Township officer shall prosecute a complaint before a District Justice
pursuant to the provisions of this Part.
3.
The person conducting the sale, and the owner, tenant or occupant
of the premises where the sale or activity is conducted, shall be
jointly or severally responsible for the premises during the hours
of such sale or activity.
[Ord. 1971, 8/25/2014]
Any person, firm or corporation who violates any provision of
this Part shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, plus costs of prosecution, and in default of
payment, to imprisonment for a term not to exceed 30 days.
