This chapter shall be known as the "Law Regulating and Restricting
Garage Sales."
Such rules and regulations as established 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 Borough of Port Allegany. The intent of this chapter
is to eliminate perpetual, prolonged and extended garage sales in
residential areas or on residential properties. Such sales, if carried
on indefinitely, tend to become retail businesses in residential areas,
create a nuisance and usually violate the Zoning and Building Codes
of the borough. 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:
BOROUGH OF PORT ALLEGANY
Includes all residential dwellings located within any type
of zone, zoned areas or zoning districts, whether or not said areas
or zones are residential, business or otherwise, within the geographic
boundaries of the Borough of Port Allegany.
GARAGE SALE
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 or on residential properties
entitled "garage sales," "yard sales," "tag sales," "porch sales,"
"lawn sales," "attic sales," "basement sales," "rummage sales" or
"flea market" or any similar casual sale of tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of the sale.
GOODS
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, family groups, voluntary
associations and corporations.
An application for a garage sale license shall include the following:
A. The name of the person, persons, firm, group, corporation, association
or organization conducting the sale.
B. The name of the owner and the occupant or tenant of the property
on which the sale is to be conducted.
C. The consent of the owner and/or occupant to hold the sale if the
applicant is other than owner or occupant.
D. The location, street address, etc., of the premises where the sale
is to be conducted.
E. The number of days of the sale, limited to three consecutive days,
and the date or dates of such sale.
F. The date and nature of any past sales held by the same applicant
or on the same premises in the last twelve-month period.
G. The relationship or connection the applicant may have with any person,
etc., conducting such sale.
H. Whether or not the applicant has been issued any vendor's license
to hold such sale by any local, state or federal agency.
I. Whether adequate off-street parking would be available if the premises
of the sale is located on a county or state highway or congested borough
street.
J. The application shall contain an affirmation or sworn statement by
the applicant or person securing the application that the information
is full and complete and known by the applicant to be so.
All garage sales held pursuant to these provisions shall be
conducted between the hours of 9:00 a.m. and 9:00 p.m. only on the
day or days for which the license was issued.
This chapter shall not apply 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.
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 do not exceed nine in number. Notwithstanding any provisions
of this chapter, any person may sell up to nine new or second-hand
articles without being subject to the provisions of this chapter.
D. 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 chapter have been
violated.
E. Any sale conducted by any legitimate business or commercial or industrial
establishment, properly zoned under the zoning regulations of the
Borough of Port Allegany, and any other sale conducted by a business
or commercial or industrial establishment under the protection of
the nonconforming use provisions of the Zoning Ordinance or by any
other vendor, dealer, etc., when the sale is conducted in a permitted
area or not otherwise prohibited by the laws and ordinances of the
Borough of Port Allegany or this chapter.
F. Sales by a bona fide charitable, eleemosynary, educational, cultural
or governmental institution, civic groups, service club, religious
or fraternal society or other tax-exempt organization; provided, however,
that the burden of proof of establishing the exemption under this
subsection shall be on the organization or institution claiming such
exemption.
Any person, firm, association, corporation or other entity conducting
any such sale or similar activity without being properly licensed
therefor or who shall violate or fail to comply with any provisions
of this chapter or any other rules, terms, regulations or provisions
adopted or approved by Council pursuant to this chapter shall be deemed
to be in violation, and the violator or violators shall be liable
for a fine not to exceed $300, and each day that such sale or violation
continues without being licensed shall be considered and shall constitute
a separate offense.
It is not the intention of this chapter to change or amend the
zoning laws, peddling and soliciting laws and/or any other laws or
ordinances of the Borough of Port Allegany.