[HISTORY: Adopted by the Borough Council of the Borough of Jacobus 7-5-1995 by Ord. No. 120 (Ch. 13, Part 3, of the 1984 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The person applying for the permit. An applicant shall be considered to represent his entire household.
- Borough of Jacobus, York County, Pennsylvania.
- Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder, except for homegrown agricultural products.
- Permit issued by the Borough to conduct a yard sale.
- Individuals, partnerships, family groups, voluntary associations and corporations.
- YARD SALE
- The sale or offering for sale of 10 or more new, used or secondhand items of personal property, not including homegrown agricultural farm products, at any one residential premises at any one time; 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.
Each household shall be entitled to one permitted yard sale, as identified in § 243-3A, in any twelve-month period. The maximum duration of said sale shall be three consecutive days, between dawn and dusk. No merchandise intended to be sold shall be displayed on the premises prior to the hours of the sale.
No amplified sounds shall be permitted in connection with the sale. No loud or boisterous conduct shall be permitted on any premises, nor will vehicles impede the passage of traffic on any roads or streets in the area of the premises where the sale is being conducted.
In the event of an emergency, all such persons shall obey reasonable orders from any member of the Police Department or the Fire Department in order to maintain the public health, safety and convenience.
Any and all placards, signs or billboards related to any yard sale within the Borough shall be removed within 24 hours of the conclusion of said yard sale.
No yard sale, except as identified in Subsection B below, may be held until a permit therefor has been obtained. The permit cost shall be $10. All permit fees shall be paid to the Borough prior to issuance of the permit. The permit granted by the Borough shall be prominently displayed on the premises during the sale.
The Borough hereby authorizes the Borough Zoning Officer to bring charges before the Magisterial District Judge in accordance with the penalties set forth herein.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this chapter shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this chapter.