[HISTORY: Adopted by the Borough Council of the Borough of Bonneauville as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-19-2002 by Ord. No. 87 (Ch. 13, Part 3, of the 1994 Code)]
This article shall be known as the "Ordinance Regulating and Restricting Garage and Yard Sales."
Such rules and regulations as set up in this article designed to control and restrict garage sales 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 and with the Zoning Ordinance of the Borough of Bonneauville. The intent of this article is to eliminate perpetual, prolonged and extended garage sales and yard sales in residential areas. Such sales, if carried on indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Borough of Bonneauville. The provisions of this article arise from the need to limit, regulate, restrict and control garage sales and yard sales. It is not the intent of this article to change or amend the zoning laws, transient business laws and/or any other laws or ordinances of the Borough of Bonneauville.
As used in this article, the following terms shall have the meanings indicated:
- 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.
- Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.
- 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 Bonneauville.
- Individuals, partnerships, family groups, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale or yard sale within the geographic boundaries of the Borough of Bonneauville without first obtaining a garage sale or yard sale license from the Borough of Bonneauville after filing an application containing the information hereinafter specified.
The first garage sale or yard sale license issued to any one person or for any one premises within one twelve-month period shall be issued without charge. For the second and third such license issued in any twelve-month period, there shall be a nonrefundable fee of $10 as set by the Council of the Borough of Bonneauville. The fourth, fifth and sixth garage sale permits shall be issued at a cost of a nonrefundable fee of $10 for each garage sale.
[Amended 8-21-2007 by Res. No. 183-07]
This article shall not be applicable to:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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 article, any person may sell up to nine secondhand articles without being subject to the provisions of this article.
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 article have not been met.
Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Borough of Bonneauville 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 Bonneauville including this article.
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.
Any public auction having a duration of no more than two days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.