This chapter shall be known and cited as "Garage and Yard Sale Permit
Ordinance."
These rules and regulations 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, in
keeping with the character of the neighborhood where this activity is carried
on in compliance with the Zoning Ordinance of the Borough of Pen Argyl. The intent of this chapter is to eliminate perpetual, prolonged
and extended garage and yard sales in residential areas. Such sales, if continued
indefinitely, tend to become retail businesses in residential areas and zones,
create a nuisance and often violate the zoning regulations of the Borough
of Pen Argyl. The provisions of this chapter arise from the need to limit,
regulate, restrict and control garage and yard sales. It is not the intent
of this chapter to change or amend the Zoning Ordinance, Transient Business
Ordinance and/or any other ordinances of the Borough of Pen Argyl.
As used in this chapter, the following terms shall have the meanings
indicated:
BLOCK OR NEIGHBORHOOD SALE
Garage sales conducted pursuant to this chapter at more than one
location in a block or neighborhood by the owners of more than one premises
in said block or neighborhood.
BOROUGH
All residential dwellings located within any type of zone, zoned
area or zoning district, whether or not said areas or zones are residential,
business, commercial or otherwise, within the geographic boundaries of the
Borough of Pen Argyl.
GARAGE SALES
A.
The sale or offering for sale of 10 or more new, used or secondhand
items of personal property at any one residential premises at any one time.
B.
Includes all sales in residential areas entitled "garage sales," "yard
sales," "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 cable
of being the object of a sale regulated hereunder.
PERSONS
Individuals, partnerships, family groups, voluntary associations
and corporations.
Applicants for a permit under this chapter must file with the Pen Argyl
Police Department an application, in writing, on a form to be furnished by
the Pen Argyl Police Department, which shall give the following information:
A. The name and address of the applicant.
D. 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 this sale, with the exception of charities and service
organizations as exempted by this chapter.
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 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 and which separate items do not exceed nine in number. Notwithstanding
any provisions of this chapter, any person may sell up to nine secondhand
articles without being subject to the provisions of this chapter.
D. Any publisher or 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 met.
E. Any sale conducted by any legitimate business or commercial
or industrial establishment on property zoned under the zoning regulations
of the Borough of Pen Argyl with or without the protection of the nonconforming
use section of the zoning laws, or any sale conducted by any other vendor
or dealer when the sale is conducted in a properly zoned area and not otherwise
prohibited by laws of the Commonwealth of Pennsylvania and ordinances of the
Borough of Pen Argyl, including 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 to establish the exemption under this subsection
shall be on the organization or institution claiming such exemption.
G. Any public auction having a duration of no more than
two days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.
Any person, firm or corporation who or which shall violate any provisions
of this chapter shall, upon conviction thereof, be sentenced to pay a fine
of not less than $100 nor more than $600.