This chapter shall be known as "the ordinance
regulating and restricting garage sales."
Such rules and regulations as set up 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 Ordinance of the Borough. The intent of this chapter is to eliminate repeated, perpetual,
prolonged and extended garage sales in residential areas. Such sales,
if carried on indefinitely or repetitively, tend to become retail
businesses in residential areas and zones, create a nuisance, and
usually violate the zoning regulations of the Borough. The provisions
of this chapter arise from the need to limit, regulate, restrict and
control garage sales. It is not the intent of this chapter to change
or amend the zoning laws, transient business laws and/or any other
laws or ordinances of the Borough
As used in this chapter, the following terms
shall have the meanings indicated:
CATASAUQUA
All residential dwellings located within any type of zone,
zoned area, zoning district, whether or not said areas or zones are
residential, business, commercial or otherwise, within the geographic
boundaries of the Borough of Catasauqua.
GARAGE SALE
The sale or offering for sale of five or more new, used or
secondhand items of personal property at any one residential premises
at any one time regardless if such sale or display is indoors or outdoors.
Includes all sales in residential areas entitled "garage sale," "yard
sale," "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
Any goods, warehouse merchandise, or other personal property
capable of being the object of a sale regulated hereunder.
PERSONS
Individuals, partnerships, family groups, voluntary associations
and corporations. Charitable nonprofit institutions, educational,
cultural, or governmental institutions or organizations shall not
be defined as persons under this chapter and thus this chapter shall
have no application to the same.
It shall be unlawful for anyone to hold a garage
sale on property other than their own residential lot.
No garage sale shall be conducted between the
hours of 8:00 p.m. and 9:00 a.m.
Each party shall be allowed to place a sign
no larger than two feet by two feet on their residential property
to identify the garage sale. Such signs shall not be placed upon the
property prior to 24 hours before the sale and said sign must be removed
from said property within 24 hours after said sale.
[Amended 8-4-2014 by Ord. No. 1305]
This chapter shall be enforced by the Catasauqua
Police Department or the Catasauqua Code Enforcement Department. It
shall be the duty of the Police Department and Code Enforcement Department
to investigate any violation of this chapter.
[Amended 4-1-2013 by Ord. No. 1288; 8-4-2014 by Ord. No. 1305]
Any person violating any provisions of this
chapter shall, upon conviction thereof, be sentenced to pay a fine
not to exceed $300 and/or 90 days in jail. Any person found guilty
of violating an ordinance shall be assessed court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
It shall be the duty of the Police Officers or of Code Enforcement
Personnel of the Borough to report to the Borough Manager all violations
of any provision of this chapter, indicating in each case an address
where the violation took place and any other facts which might be
necessary in order to secure clear understanding of the circumstances
attending to the violation.