[HISTORY: Adopted by the Mayor and Council of the Borough of Port Allegany 1-7-1980 by Ord. No. 345. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 73.
Zoning — See Ch. 100.
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.
A. 
It shall be unlawful for any person to conduct a garage sale within the Borough of Port Allegany without first obtaining a garage sale license from the Borough Secretary after filing an application containing the information hereinafter specified.
B. 
The fee for such license will be fixed by Council and shall be posted at the borough office.
C. 
Such license shall be issued to one person or for one specific premises or location only once 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.
D. 
No license shall be issued for a garage sale for longer than three consecutive days.
E. 
Each license issued under this chapter must be prominently displayed on the garage sale's premises throughout the entire period of the licensed sale.
F. 
In case of inclement weather whereby a scheduled garage sale cannot be held, another license shall be issued by the Borough Secretary to the one person or the one specific premises at no additional cost and under the same rules and regulations as the original license. It shall be the responsibility of the person obtaining the original license to request from the Borough Secretary an additional license due to inclement weather.
G. 
In the case of borough residents who sell their homes or are in the process of selling their homes, extensions for garage sales will be granted upon application to the Borough Secretary and subject to approval of the Building Official. In general, an extension for a garage sale for a period not to exceed one week will be granted.
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.
A. 
Garage sales may be advertised through the newspapers or other media.
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. The sign may be displayed 24 hours before 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 or on private property other than where the sale is conducted. No lighted or illuminated signs shall be used.
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.
A. 
This chapter shall be enforced by the Police Department.
B. 
It shall be the duty of any borough policeman to investigate any violation of this chapter coming to his attention, whether by complaint or by personal knowledge.
C. 
If a violation is found to exist, the police shall prosecute a complaint before the District Magistrate 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 the maintenance of good order and decorum on the premises during the hours of such sale or activity.
E. 
No person shall permit any loud or boisterous conduct on said premises or permit vehicles to impede passage of the traffic on any roads or streets in the area of the premises where the sale is conducted.
F. 
All such persons shall obey reasonable orders from any member of the Port Allegany Police Department or the Volunteer Fire Department in order to maintain the public health, safety and convenience.
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.