Borough of Girard, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Girard 12-19-2011 by Ord. No. 717. Amendments noted where applicable.]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
A sale, open to the public, of new, used or previously owned personal property, including but not limited to goods, wares, merchandise and clothing, held on vacant property or on the lawn, yard, porch, patio or in the garage, residence or other outbuilding of the person who obtains a permit for such sale as provided by this chapter.
Any natural person or persons, association, partnership, firm, corporation or other entity. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
No person shall cause or permit any garage sale to take place upon any property owned by such person without first having obtained a permit therefor. Application for such permit shall be made to the Borough Secretary by the person at whose residence such sale shall be held, and such application shall state the name of the applicant, the location of the proposed sale, the day or days on which the sale is to be held and the names and resident addresses of all other persons who are to contribute personal property to the sale. Such permit shall be issued by the Borough Secretary upon the filing of an application. There is no fee for the permit.
This chapter does not apply to garage sales occurring within Girard Borough on Thursday, Friday, Saturday or Sunday of the second weekend of August annually, and all residents will be exempt from obtaining a permit for that weekend.
Not more than three permits shall be issued under this chapter to the same person in any one calendar year, and not more than three sales shall be held from any one location in any one calendar year, not including the second weekend in August.
No garage sale shall exceed four consecutive calendar days.
Every permit shall be issued under the following conditions, and failure to comply with any condition shall constitute a violation of this chapter and shall entitle the Borough Secretary to revoke the permit:
The sale shall be held at the location stated in the application and on the permit;
The permit shall be valid for up to four consecutive calendar days as stated on the permit;
No more than three families or households may participate in the sale by furnishing personal property for sale and/or engaging in the sale of personal property;
No sale shall commence before 8:00 a.m. or after 5:00 p.m., prevailing time, on any day; and
There shall be no unnecessary or excessive noise.
Because the sale is temporary in nature and permissible in residential districts where commercial activities are not permitted, such sale shall be limited to possessions of the holder of the permit (and the other families and households referred to in this chapter). It shall be unlawful to engage or employ any individual, organization or other entity to plan, arrange, conduct, promote or supervise the sale.
The permit holder must exhibit the permit at the time of sale in full view of the public at all times.
No notice, advertisement or directional sign pertaining to such sale shall be placed or posted:
On any post or pole used for traffic signs, signals or streetlights;
On the surface of any street, curb lawn or sidewalk; or
Without permission of the owner or occupant of the property, anywhere on private property.
Upon conclusion of the time stated in the permit for the holding of such sale, the holder of the permit shall remove and take away all such notices, advertisements and directional signs not previously removed and taken away.
None of the following may be sold or offered for sale:
Anything for which a separate license is required by law or by any federal, state or municipal regulation;
Anything of an explosive, poisonous or dangerous nature.
Any person who shall violate or fail to comply with any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $300, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.