[HISTORY: Adopted by the Borough Council of the Borough of New Freedom 9-11-2000 by Ord. No. 2000-3 (Ch. 13, Part 3, of the 1983 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
The person applying for the permit. An applicant shall be considered to represent the entire household, organization, business or group sponsoring the activity.
BOROUGH
Borough of New Freedom, York County, Pennsylvania.
GOODS
Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder, except for home grown agricultural products.
PERMIT
Permit issued by the Borough to conduct a yard sale.
PERSONS
Individuals, partnerships, family groups, voluntary associations, and corporations.
YARD SALE
The sale or offering for sale of 10 or more new, used or secondhand items of personal property, not including home grown agricultural farm products, at any one residential premises at any one time. Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.
A. 
Each applicant within the Borough shall be entitled to conduct no more than two yard sales per calendar year. The maximum duration of said sale shall be two consecutive calendar days between the hours of 9:00 a.m. and 6:00 p.m. No merchandise intended to be sold shall be displayed on the premises prior to or after the hours of sale.
[Amended 12-29-2005 by Ord. No. 2005-14]
B. 
No amplified sounds shall be permitted in connection with the sale. No loud or boisterous conduct shall be permitted on such premises nor will vehicles impede the passage of traffic on any roads or streets in the area of the premises where the sale is being conducted.
C. 
In the event of an emergency, all such persons shall obey reasonable orders from any member of the Police Department or the Fire Department in order to maintain the public health, safety, and convenience.
D. 
Any and all placards, signs or billboards of any nature related to any yard sale within the Borough shall comply with all applicable rules, regulations and ordinances of the Borough and be removed within 24 hours of the conclusion of said yard sale.
E. 
A yard sale shall be held or conducted only at the applicant's personal residence or the applicant's principal place of business.
[Added 12-29-2005 by Ord. No. 2005-14]
[Amended 12-29-2005 by Ord. No. 2005-14]
No yard sale may be held until a permit therefor has been obtained. The permit cost shall be determined from time to time by resolution of Borough Council. All permit fees shall be paid to the Borough prior to issuance of the permit. The permit granted by the Borough shall be prominently displayed on the premises so that it is clearly visible from the street during the sale.
A. 
Any person who violates the provisions of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $25 and not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of York County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any person convicted as set forth above shall be prohibited from obtaining a yard sale permit for a twelve-month period commencing from the date of conviction.