[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester 3-14-2000 by Ord. No. 2000-5 (Ch. 111 of the 1988 Code). Amendments noted where applicable.]
Peddling and soliciting — See Ch. 156.
As used in this chapter, the following terms shall have the meanings indicated:
- An owner of a property on which a yard sale will be held, or in the event of an organizational yard sale, an authorized representative of the owner of the property on which the yard sale will be held.
- PERMIT OFFICER
- Any person authorized by the Township to enforce provisions of the Code, which shall include the Zoning Officer, Assistant Zoning Officer, Township Manager, or Secretary/Treasurer of the Township.
- Any lot, tract, or separate street address, on which a yard sale is held, regardless of who the applicant for the yard sale permit is.
No yard sale shall be held without the applicant first obtaining a permit from the Township, which permit shall be on a form prescribed by the Township, and which shall be issued by a permit officer.
A permit fee shall be charged by the Township in an amount fixed by the Township from time to time by resolution. The fee can be waived by the Township, in its sole discretion, when the applicant is a nonprofit or charitable organization or when the proceeds of the yard sale are for a nonprofit or charitable purpose.
Editor's Note: The fee schedule is available in the Township offices.
For residential yard sales, the permit shall provide the number of persons, including the applicant and family members, who will be separately participating in the yard sale on the property, which number, including the applicant, shall not exceed five.
The applicant shall also state on the permit the dates, hours, and length and duration of the yard sale.
The permit shall be maintained on the site of the yard sale during the yard sale and shall be available for inspection upon request by any person authorized to enforce this chapter.
No yard sale shall exceed three days, which must be consecutive.
No property, applicant, or applicants, shall hold more than two yard sales per calendar year, and no property shall be issued more than two yard sale permits per calendar year.
Organizational yard sales must provide off-street parking for both the participants and customers.
Notwithstanding the issuance of a permit, no yard sale shall create a public safety or traffic hazard on public streets or roads within the Township.
Failure to obtain a permit for a yard sale, or failure to abide by any of the provisions of this chapter, shall constitute a violation of this chapter.
This chapter shall be enforceable by the any permit officer of the Township or by the duly authorized Police Department with jurisdiction within the Township.
A violation of this chapter may be enforced by the issuance of a nontraffic summary citation by the permit officer or the Police Department, and, upon conviction in a summary proceeding before a Magisterial District Judge of competent jurisdiction, the violator may be fined an amount not to exceed $1,000, together with all court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense, which shall be subject to prosecution as such.
In addition to the powers conferred in this section, the permit officer or an officer of a duly authorized Police Department having jurisdiction within the Township shall additionally be authorized, in the event that the yard sale creates a public safety or traffic hazard, to revoke any permit on the spot, or in the event that no permit has been issued, order that the yard sale cease and the parties disburse.