[HISTORY: Adopted by the Borough Council of the Borough of Greencastle 9-6-2005
by Ord. No. 2005-7. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Greencastle, Franklin County, Pennsylvania.
The form that must be obtained, completed and submitted, along with
the required fee, to the Borough Office prior to conducting a yard sale.
The sale or offering for sale of new, used, or secondhand goods on
residential property including but not limited to the lawn, yard, garage,
home, or any other accessory building located on the residential property.
"Yard sale" shall include all sales on residential property known as "garage
sale," "tag sale," "porch sale," "lawn sale," "rummage sale" or any other
similar casual sale of tangible personal goods on residential property.
[Amended 12-4-2006 by Ord. No. 2006-10]
A.
It shall be unlawful for any individual, firm, group
or corporation to conduct within the Borough a yard sale or permit a yard
sale to be held within the Borough on residential property under the individual,
firm, group or corporation's control without first obtaining a yard sale permit
from the Borough.
B.
Any individual, firm, group or corporation conducting
a yard sale within the Borough or any individual, firm, group or corporation
posting advertisements within the Borough for a yard sale to be held inside
or outside the Borough shall remove all signs, flyers, posters, bulletins
and other advertisements within the Borough no later than the scheduled last
day for the yard sale.
[Amended 12-4-2006 by Ord. No. 2006-10]
A.
No individual, firm, group, or corporation may hold more
than three yard sales in any one calendar year, nor shall a yard sale permit
be issued to the same property address more than three times in any one calendar
year.
B.
The yard sale(s) shall not exceed three consecutive days
nor exceed a period of more than seven days in any one calendar year.
C.
The approved yard sale must be held within 15 days of
the issuance of the permit for that yard sale.
D.
No portion of a yard sale shall take place within a public right-of-way.
E.
The individual, firm, group, or corporation to whom the yard
sale permit was issued and the person conducting the sale and the owner, tenant
or occupant of the premises where the yard sale is conducted shall be responsible
to ensure that vehicles of persons attending the yard sale do not impede the
passage of traffic on any road or streets adjacent to where the yard sale
is being conducted.
[Amended 12-4-2006 by Ord. No. 2006-10]
There shall be no fee for obtaining a yard sale permit.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of $50 and costs of prosecution
for the first offense; $100 plus prosecution costs for a second offense; and
$300 and costs of prosecution for any third or subsequent offense.
[Added 12-4-2006 by Ord. No. 2006-10]
The Greencastle Police Department shall have the authority to administer
the provisions of this chapter and to investigate complaints and prosecute
violations of this chapter.
[Added 12-4-2006 by Ord. No. 2006-10]
This chapter shall not be applicable to:
A.
Persons selling goods pursuant to an order of process or a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as
public officials.
C.
Any person selling or advertising for sale an item or items of
personal property which is specifically named or described in the advertisement.
D.
Any public auction having a duration of no more than two days
and conducted by an auctioneer who is licensed by the Commonwealth of Pennsylvania.
E.
Any publisher of a newspaper, magazine or other publication or
other communications media 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.
F.
Any sale conducted by any legitimate business or commercial or
industrial establishment, properly zoned under the zoning regulations of the
Borough of Greencastle, Franklin County, 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 Borough of Greencastle,
Franklin County, and Commonwealth of Pennsylvania or this chapter.
