[HISTORY: Adopted by the Borough Council of the Borough of Catasauqua 12-7-1987 by Ord. No. 922 (Ch. XI, Part 7, of the 1962 Code). Amendments noted where applicable.]
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:
- 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.
- 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. 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 any person to conduct a garage sale within the geographic boundaries of the Borough of Catasauqua without first obtaining a garage sale license from the Borough after filing an application containing the information hereinafter specified.
Any person found to be conducting a garage sale without having obtained a permit prior to the sale shall be charged an administrative surcharge for failure to obtain a permit. This surcharge shall be in an amount as set by Council from time to time. Failure to obtain the permit and to pay the administrative surcharge within 15 days when directed to do so shall constitute a violation of this chapter.
[Added 8-4-2014 by Ord. No. 1305]
An applicant for a garage sale permit shall provide the following information on a written application provided by the Borough Secretary:
The name and address of the applicant;
The name or names of persons other than the applicants, if any, who will be conducting the sale;
The date of the proposed sale;
The date and nature of the most recent past sale;
The location of the sale site;
A statement affirming that the goods to be sold belong to the applicant or his household and that said goods have not been purchased or obtained solely for the sale.
Any person who furnishes false information on an application for a garage sale permit is in violation of this chapter and shall be subjected to the penalties hereinafter set forth.
Issuance. Upon payment of the permit fee set forth above and upon determination by the Secretary of the Borough that the application meets all the requirements of this chapter, the Borough Secretary shall issue the permit.
Duration. A permit issued pursuant to the terms of this chapter shall be valid only for two consecutive days. No more than four permits shall be issued per calendar year per residence, except no limitations shall apply to a sale for the purpose of settling an estate.
[Amended 8-4-2014 by Ord. No. 1305]
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.
No garage sale shall encroach on a public right-of-way, sidewalk, street or alley.
At all times, the applicant shall be responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity and shall be responsible for removing debris, garbage and litter from the premises and from surrounding public places following the sale.
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.