This chapter shall be known and cited as "Garage and Yard Sale Permit Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Loganton 7-1-2010 by Ord. No. 01-2010. Amendments noted where applicable.]
These rules and regulations are designed to control and restrict garage and yard 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 in compliance with the Zoning Ordinance of the Borough of Loganton.[1] The intent of this chapter is to eliminate perpetual, prolonged and extended garage and yard sales in residential areas. Such sales, if continued indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and often violate the zoning regulations of the Borough of Loganton. 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 the Zoning Ordinance, Transient Business Ordinance and/or any other ordinances of the Borough of Loganton.
As used in this chapter, the following terms shall have the meanings indicated:
The sale or offering for sale of one or more new, used or secondhand items of personal property at any one residential premise at any one time.
Includes all sales at a residential premises 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.
Any merchandise or other personal property capable of being the object of a sale regulated hereunder.
Individuals, partnerships, family groups, voluntary associations and corporations.
A.
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Borough of Loganton without first obtaining a garage sale permit from the Secretary of the Borough of Loganton after filing an application containing the name of the applicant, the location of the garage sale, and the date or dates and time of such sale.
B.
No more than two garage sale permits shall be issued to any one person or for any one premises within one twelve-month period. Said permits shall be issued without charge.
C.
Garage sale permits shall be issued for a specified single date or consecutive dates not to exceed four consecutive days and must be conspicuously displayed at the licensed garage sale.
This chapter shall not be applicable 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 that can be driven such as a vehicle or lawn tractor. This exemption is limited to such item being offered for sale for not more than 45 consecutive days.
D.
Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Borough of Loganton for such use or permitted as a prior nonconforming use, 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 of the Commonwealth of Pennsylvania and ordinances of the Borough of Loganton.
E.
Sales by a bona fide charitable, eleemosynary, educational, cultural or governmental institution, civic group, service club, religious or fraternal society or other tax-exempt organization; provided, however, that the burden of proof to establish the exemption under this subsection shall be on the organization or institution claiming such exemption.
F.
Any public auction having a duration of no more than two days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.
G.
Participation in a community garage sale sanctioned by the governing body of the Borough of Loganton.
A.
This chapter shall be enforced by the Mayor of the Borough of Loganton and it shall be his duty to investigate and prosecute any violation of this chapter.
B.
If, after an investigation, a violation is found to exist, the Mayor of the Borough of Loganton shall prosecute a complaint before a District Judge pursuant to the provisions of this chapter.
Any person who shall violate provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and, in default of payment, to imprisonment for a term not to exceed 30 days.