[HISTORY: Adopted by the Borough Council of the Borough of
Aldan 3-10-2010 by Ord. No. 503. Amendments noted where applicable.]
This chapter shall be known and cited as the "Borough of Aldan
Garage and Yard Sale Ordinance."
These rules and regulations are designed to control and restrict garage and yard sales in order to protect the public health, safety and welfare and to restrict such sales to casual and/or occasional occurrences only, in keeping with the character of the neighborhood where this activity is conducted in compliance with Chapter 256, Zoning, of the Code of the Borough of Aldan. The intent of this chapter is to eliminate perpetual, prolonged and/or extended garage and yard sales in residential areas. Such sales tend to become retail businesses in residential areas and zones, create a nuisance and often violate the Zoning Ordinance and regulations of the Borough of Aldan. Further, the intrusion of nonregulated garage sales is causing annoyance to citizens in residential areas within the Borough of Aldan and congestion of the streets in residential districts. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage and yard sales. It is not the intent of this chapter to change or amend Chapter 256, Zoning, and/or any other ordinances of the Borough of Aldan. The provisions contained in this chapter are intended to regulate the terms and frequency of garage sales so as not to disturb or disrupt the residential environment.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual certified by the Commonwealth of Pennsylvania
and appointed by a municipality to act as a chief code enforcement
official.
An individual appointed by a municipality and charged with
the administration and enforcement of local Borough ordinances other
than the Zoning Ordinance.
Individuals, partnerships, family groups, voluntary associations
and corporations.
Property which is owned, used and maintained by an individual
or members of a residence and acquired in the normal course of living
in or maintaining a residence. It does not include merchandise which
was purchased for resale or obtained on consignment or by donation.
The sale or offering for sale of new, used or secondhand
items of personal property at any residential premises. 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. (This definition shall not include a sale where no more
than four specific items are held out for sale and where all advertisement
of such sale specifically names those items to be sold.)
An individual appointed by a municipality and charged with
the administration and enforcement of the local Zoning Ordinance.[1]
A.
Participants shall register the sale by contacting the Borough office
at least 24 hours in advance and providing the following required
information: name, address, date of sale, telephone number, and email
address, if available.
B.
It shall be unlawful for a person to participate in more than two
yard sales in any one calendar year.
C.
Not more than two yard sales shall be allowed to be conducted on
any one premises in any one calendar year.
D.
Third sale permitted. A third yard sale may be permitted within a
calendar year if satisfactory proof of a bona fide change of ownership
of the real property is first presented to the Zoning Officer.
E.
It shall be unlawful to conduct any yard sale with a duration exceeding
two consecutive days.
F.
A person must affirm by statement that the property to be sold was
owned by the person as his/her own personal property and was neither
acquired nor consigned or donated for the purpose of resale.
It shall be unlawful for any person to sell or offer for sale,
under authority granted by this chapter, property other than personal
property at a yard sale.
Such yard sales shall be limited in time to no more than the
daylight hours of two consecutive days, but not before 7:00 a.m. nor
after 7:00 p.m.
If a yard sale is not held on the original scheduled dates or
is terminated only during the first day of the sale because of inclement
weather conditions and an affidavit by the participant to this effect
is submitted, the Zoning Officer may allow for a yard sale to be conducted
at the same location within 30 days from the date when the first sale
was to be held.
Personal property offered for sale may be displayed in a yard,
upon a lawn, in a carport, upon a porch or patio or within a yard,
but only in such areas. No personal property offered for sale at a
yard sale shall be displayed in any public right-of-way.
A.
Signs permitted. Only the following specified signs may be displayed
in relation to a pending yard sale:
(1)
Announcement signs. Two signs of not more than four square feet each
are permitted to be displayed on the property of the residence where
the yard sale is being conducted.
(2)
Directional signs. Two signs of not more than three square feet each
are permitted when written permission to erect said signs is received
from the property owners upon whose property such signs are to be
posted.
B.
Time limitations. No sign or other form of advertisement shall be
exhibited for more than two days prior to the day such sale is to
commence.
C.
Removal of signs. All signs must be removed each day at the close
of the yard sale activities or by the end of daylight, whichever first
occurs.
The stopping or parking of motor vehicles shall be conducted
in compliance with all applicable laws and ordinances. Further, the
Police Department may enforce such temporary controls to alleviate
any special hazards and/or congestion created by any yard sale.
This chapter shall not be applicable to:
A.
Persons selling goods pursuant to an order of process or 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 (five or less) which are specifically named or described
in the advertisement.
D.
Any publisher of a newspaper, magazine or other publication or other
communications media which 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 not
been met.
E.
Any sale conducted by any legitimate business or commercial or industrial
establishment upon property zoned under the zoning regulations of
the Borough of Aldan, 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 and statutes of the Commonwealth
of Pennsylvania and ordinances of the Borough of Aldan, including
this chapter.
F.
Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
A.
The provisions of this chapter shall be enforced by the Zoning Officer/Building
Code Official, Code Enforcement Officer or any Borough police officer,
and it shall be their duty to investigate and prosecute any violation
of this chapter.
C.
Failure to register a prior yard sale will prevent an individual
from future sales.
The person conducting the yard sale and the owner, tenant or
occupant of the premises where the yard 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 yard sale
or activity.
A.
No such person shall permit vehicles to impede the passage of the
traffic on any roads or streets in the area of the premises where
the yard sale is being conducted.
B.
In the event of an emergency, all such persons shall obey reasonable
orders from any member of the Police Department or authorized fire/rescue
personnel in order to maintain the public health, safety and welfare.
Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of a summary offense and shall be subject
to a fine of not more than $250, in addition to the costs of prosecution,
and, in default of payment thereof, to imprisonment for a term not
to exceed 30 days. Every day that a violation of this chapter continues
shall constitute a separate offense.
