[HISTORY: Adopted by the Council of the Borough of Punxsutawney 8-31-1987 by Ord. No. 943. Amendments noted where applicable.]
This chapter shall be known as the "Garage Sale Ordinance of the Borough of Punxsutawney, Jefferson County, Pennsylvania."
The purpose of this chapter, consistent with the Borough Code, as amended and supplemented, is to license, regulate and control garage sales within the Borough of Punxsutawney, Jefferson County, Pennsylvania.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The Borough of Punxsutawney, Jefferson County, Pennsylvania, and, as applicable, the Borough Council of the Borough of Punxsutawney, Jefferson County, Pennsylvania.
- GARAGE SALE
- All general sales, open to the public, conducted from or on a residential premises for the purpose of disposing, by sale, barter or otherwise, of personal property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," " patio," "flea market" or "rummage" sales. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisements of such sale specifically name those items to be sold.
- The document secured from the Borough upon execution of an application therefor and payment of the appropriate filing fee.
- Includes natural persons, individuals, corporations, eleemosynary, philanthropic, charitable or religious institutions or nonprofit corporations, homeowners' associations, unincorporated associations, partnerships and joint venturers who are owners of real estate within the Borough, their equitable owners or any agents, servants, workmen or employees thereof or independent contractors thereof.
- PERSONAL PROPERTY
- Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. This term does not include merchandise which was purchased for resale.
No person shall conduct a garage sale upon his premises or the premises of another within the Borough without first obtaining a license from the Borough.
The fee for a license pursuant to this chapter shall be as set forth from time to time by resolution of the Borough Council. Such fee shall be paid to the Borough at the time of submission of the application for such license.
All eleemosynary, philanthropic and religious institutions, charitable corporations and nonprofit corporations shall be exempt from payment of the filing fee but shall execute the application for license as required.
For the purposes of this chapter, any person desiring to secure a license to conduct a garage sale shall, at least two weeks prior to the time and date set for such sale, complete and submit to the Borough an application for the issuance of a license therefor and shall pay the required fee. Said application shall be in such form and contain such information as the Borough may, from time to time, by ordinance or regulation, establish or require, but said application shall be verified under oath by the applicant and shall contain, at a minimum, the following information:
The location of the proposed garage sale.
The dates and times of such proposed garage sale.
The names of owners of premises on which the proposed garage sale is to be conducted.
The name or names of persons other than the owners, if any, who will be conducting said proposed garage sale.
A description of signs, handbills or circulars, if any, and the location thereof within the Borough intended to advertise such proposed garage sale.
The date or dates of prior garage sales.
The name or names to whom the license is requested to be issued.
The designation of raindates, if requested.
The permit officer as may be, from time to time, designated by the Borough shall receive the application and accept the required filing fee and, if, upon review of the application, the same is in compliance with the requirements of this chapter and any regulations promulgated hereunder, shall issue the license, and said permit officer shall number the applications and licenses in chronological order.
The payment of the license fee shall be made at the time the application therefor is filed with the Borough and shall be due and payable for the purpose of processing the application, irrespective of the grant or denial of the requested license.
No person licensed under this chapter shall conduct more than three garage sales within the Borough during any calendar year, and no garage sale shall be licensed to be held for a period of more than five consecutive days.
If, in the event of inclement weather or for some other reason, the garage sale shall be canceled on the day or days upon which it was to occur, the garage sale shall be extended to the raindates, if any, set forth in the application for license.
No license issued by the Borough shall be transferable by the licensee to any other person, nor shall the place of the garage sale be changed without cancellation of the license and issuance of a new license, upon application and payment of the required fee, for the new location.
On the day or days of the garage sale, the licensee or owner shall prominently display the license in such a position as to be readily visible in front of the premises where the sale is being conducted.
In the event that any person proposes to post signs, handbills or circulars within the Borough to advertise the proposed garage sale, said person shall, in addition to payment of the license fee as aforesaid, also post with the Borough cash or other surety in the sum of $10, which sum shall be returned to the licensee as soon as the Borough, through its permit officer or other agent, is satisfied that the handbills, signs or circulars have been removed from the place or places where posted.
Any signs, handbills or circulars placed within the Borough by a licensee or any person on his behalf shall be subject to the following restrictions:
The handbills, circulars or signs shall not be publicly placed within the Borough any earlier than two weeks prior to the dates scheduled for such sale.
No handbills, circulars or signs shall be placed upon private property of another without written consent having first been obtained or secured.
In the event that signs, circulars or handbills are employed by the licensee or placed by the licensee or on his behalf simultaneously with the execution of the application for license and payment of the license fee, the applicant for the license shall provide a list of all locations within the Borough where the handbills, circulars or signs were placed.
No handbills, circulars or signs shall be permitted to be affixed to or upon any public property or the property of any utility company, specifically including but not limited to utility poles, and no handbills, circulars or signs shall be secured in such a manner as to make their removal difficult.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $300, together with the costs of prosecution. Each day's violation of any of the provisions of this chapter shall constitute a separate offense.
In addition to the penalty provided above, nothing contained in this chapter shall preclude the Borough from commencing an action within the Court of Common Pleas of Jefferson County, Pennsylvania, or such other court as may be deemed appropriate, seeking to enjoin any person from violating the terms of this chapter or any portion thereof or seeking to abate a nuisance.