[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1989 by Ord. No. 1019 (Ch. 1462 of the 1979 Codified Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- GARAGE SALE
- Any porch, garage, auction, remnant, rummage, yard or similar sale of a temporary or random nature, whether or not the proceeds are used for public, private or charitable purposes, and whether or not such sale takes place by means of an auction, cooperative or group sale or private individual sale.
- GARAGE SALE SIGN
- Any sign advertising the public sale of household goods or chattels, including, but not limited to, vehicles, clothing, appliances, furniture, fixtures, commercial items, trade goods, antiques, collectibles or other tangible personal property for sale to the public by auction, private sale or otherwise, where such tangible personal property is located at one specific address within any commercial, industrial or residential zone of the Borough, and offered for sale by the owner or representative of the owner thereof, which tangible personal property is not offered by the owner thereof in the usual or regular course of the business of the owner thereof.
- Any structure, device, light or natural object, including the ground itself, or any part thereof, or any device attached thereto, or painted or represented thereon, which is used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which displays or includes any letter, number, word, model, banner, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement and which is intended to be seen from off the premises. "Sign" includes signs which are displayed inside of windows and glass doors and are intended to be seen from off the premises.
Any person conducting a garage sale in any zoning district of the Borough, including the Historic District, intending to utilize a sign to advertise or give notice of such sale, on or off of the premises where the sale is to occur, shall advertise or give notice of such sale by means of a sign posted on private property, with the permission of the property owner upon which premises any such sign is erected, constructed or maintained. At the request of the Building Code Official, the Manager or any police officer in uniform, the owner or user of any such sign posted on premises other than those premises owned by, belonging to or leased by him or her, shall present, after such request, a copy of the written permission of the owner of the premises upon which any such sign is located.
No person who constructs, erects or maintains a garage sale sign upon the land of another shall fail to completely remove such sign and all parts thereof from the property of the other upon notice from such property owner to remove such sign, or shall fail to remove such sign within 24 hours after the termination of the garage sale for which the sign was erected, whichever first occurs. Failure to remove a garage sale sign after notice from the property owner to the person erecting such sign shall be construed to be a private nuisance and abatable.
After the effective date of this article (Ordinance No. 1019, adopted August 4, 1989), no person shall construct, erect or maintain any garage sale sign upon any public property, including, but not limited to, rights-of-way, parks, streets, roads, highways or any other public area within the confines of the Borough. No person shall construct, erect or maintain a garage sale sign upon any utility pole, public building, lamppost, fence, traffic sign, traffic signal or any other public structure within the confines of the Borough.
For the purposes of this article, it shall be considered prima facie evidence that the person owning, leasing or occupying the premises and sponsoring the garage sale for which the subject sign is an advertisement shall be considered the person constructing, erecting and maintaining such sign which is the subject of any alleged violation of this article.