[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 11-17-1987 by Ord. No. 456 (Ch. 13, Part 6, of the 1987 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Ordinance Regulating and Restricting Garage Sales."
Such rules and regulations as set up in this chapter 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 Chapter 600, Zoning, of the Code of the Township of Upper Chichester. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales if carried indefinitely tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Township. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales. It is not the intent of this chapter to change or amend the zoning laws, transient business laws and/or any other laws or ordinances of the Township.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 entitled "garage sales," "yard sales," "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 goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.
- Individuals, partnerships, family groups, voluntary associations and corporations.
- All residential dwellings located within any type of zone, zoned area, zoning district, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Township of Upper Chichester.
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Township without first obtaining a garage sale license from the Township after filing an application containing the information hereinafter specified.
The first garage sale license issued to any one person or for any one premises within one twelve-month period shall be issued without charge. For the second such license issued in any twelve-month period, there shall be a nonrefundable fee as set by resolution of the Board of Commissioners.
This chapter shall not be applicable to:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale an item or items of personal property which is specifically named or described in the advertisement and which separate items do not exceed nine in number. Notwithstanding any provisions of this chapter, any person may sell up to nine secondhand articles without being subject to the provisions of this chapter.
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 not been met.
Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Township 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 of the Commonwealth of Pennsylvania and ordinances of the Township including this chapter.
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.
Any public auction having a duration of no more than two days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.
This chapter shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violation of this chapter.
If, after any investigation, a violation is found to exist, the Police Department shall prosecute a complaint before a Magisterial District Judge pursuant to the provisions of this chapter.
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.
No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of the 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.
[Amended 12-8-1988 by Ord. No. 465]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.