[HISTORY: Adopted by the Board of Supervisors
of the Township of Maidencreek 6-9-1992 by Ord. No. 131. Amendments noted where
applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 151.
This chapter shall be known as the "Ordinance
Regulating and Restricting Garage Sales."
Rules and regulations as set forth 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 laws of the Township of Maidencreek, Berks County,
Pennsylvania. The intent of this chapter is to eliminate perpetual
prolonged and extended garages sales in residential areas. Such sales,
if carried on indefinitely, tend to become retail businesses in residential
areas and zones, creating nuisances and usually violating the zoning
regulations of the Township of Maidencreek, Berks County, Pennsylvania.
The provisions of this chapter arise from the need to limit, regulate,
restrict and control garage sales.
As used in this chapter, the following terms
shall have the meanings indicated:
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;
The terms 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.
Includes any goods, warehouse merchandise or other personal
property capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, family groups, voluntary
associations and corporations.
Includes all residential dwellings located within any type
of zone, zoned areas, zoning districts, whether or not said areas
or zones are residential, business, commercial or otherwise, within
the geographic boundaries of the Township of Maidencreek, Berks County,
Pennsylvania.
A.
It shall be unlawful for any person to conduct a garage
sale within the geographic boundaries of the Township of Maidencreek,
Berks County, without first obtaining a garage sale permit from the
Township office after filing an application containing the information
hereinafter specified.
B.
Such permit shall be issued to one person or for one
specific premises or location only one time within a two-week period.
No more than two licenses for garage sales shall be issued for the
same premises or to the same person in any twelve-month period.
C.
No permit shall be issued for a garage sale for longer
than two consecutive days.
D.
Each license issued under this chapter must be prominently
displayed on the garage sale premises throughout the entire period
of the licensed sale and must be exhibited to any Township Officer
or policeman upon request.
A.
All garage sales held pursuant to these provisions
shall be conducted between the hours of 8:00 a.m. and 5:00 p.m., only
on the day or days which the permit is issued.
B.
A sign no larger in size than two feet by two feet
may be installed on the property where the sale is being conducted.
In addition, no more than two other directional signs no larger in
size than the two feet by two feet hereinbefore described may be installed
on private property with the permission of said property owner. The
signs may be displayed only 24 hours prior to the date of the sale
and shall be removed within 24 hours after the sale is concluded.
C.
No sign or other display advertising the sale shall
be placed on the public right-of-way. No lighted or illuminated signs
shall be used. No signs shall be permitted that are pasted, stapled,
nailed or otherwise permanently attached to public utility poles or
trees within the right-of-way of any street.
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, executors, administrators and trustees.
C.
Any person selling or advertising for sale an item
or items of personal property which are 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 sale conducted by any legitimate business or commercial
or industrial establishment, on properties zoned under the zoning
regulations of the Township of Maidencreek, Berks County, Pennsylvania,
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 Township of Maidencreek, Berks County,
Pennsylvania, or this chapter.
E.
Sales by a bona fide charitable, 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 of establishing the exemption under this
section shall be on the organization or institution claiming such
exemption.
F.
Any public auction conducted by an auctioneer, licensed
by the Commonwealth of Pennsylvania having a duration of no more than
two days.
A.
This chapter shall be enforced by the police department
having jurisdiction within the Township of Maidencreek, Berks County,
Pennsylvania.
B.
It shall be the duty of the police department to investigate
any violations of this chapter coming to its attention whether by
complaint or arising from its own personal knowledge.
C.
If, after investigation a violation is found to exist,
the Police Department shall prosecute a complaint before a Magisterial
District Judge pursuant to the provisions of this chapter.
D.
The person to whom the garage sale license was issued
and the person conducting the sale and the owner, tenant or occupant
of the premises where the sale or activity is conducted shall be jointly
or severally responsible for procuring a permit and complying with
this chapter.
E.
The person to whom the garage sale license was issued
and the person conducting the sale and the owner, tenant or occupant
of the premises where the sale or activity is conducted shall be jointly
or severally responsible for the maintenance of good order and decorum
on the premises during the hours of such sale or activity.
F.
No such person shall permit any loud music, or other
loud and boisterous noises or conduct on such premises or permit vehicles
to impede the passage of traffic on any roads or streets in the area
of the premises where the sale is being conducted.
G.
In the event an emergency, all such persons shall
obey reasonable orders from any member of the police department or
the fire department having jurisdiction to maintain order and public
health and safety within the Township of Maidencreek, Berks County,
Pennsylvania.
It is not the intention of this chapter to change
or amend the zoning laws, hawking and peddling laws, or any other
laws or ordinances of the Township of Maidencreek, Berks County, Pennsylvania.
