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:
GARAGE SALES 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.
GOODS Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.
PERSONS Individuals, partnerships, family groups, voluntary associations and corporations.
TOWNSHIP 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.
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 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.
D. 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.
E. 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.
F. 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.
G. Any public auction having a duration of no more than two days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.
[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.