The purpose of this article is to establish rules and regulations
to control, restrict and permit yard sales, block parties and parades
in order to protect the public health, safety and convenience.
For the purpose of this article, certain words and terms shall
be defined as follows:
GOODS
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
MOTORCADE
An organized procession, except funeral processions, upon
any public street, sidewalk or alley.
PARADE
Any march or procession consisting of people, animals or
vehicles, or combination thereof, except funeral processions, upon
any public street, sidewalk, or alley, which does not comply with
normal and usual traffic regulations or controls.
PARTY
A neighborhood block party, celebration or event, but shall
not include a garage sale, yard sale, bazaar, rummage sale or other
similar activity having the principal purpose of fund-raising for
an individual or an organization, nor shall it include a political
meeting or rally, a carnival or theatrical or musical performances,
such as rock concerts or similar events.
PERSONS
Individuals, partnerships, family groups, voluntary associations
and corporations.
YARD 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. Also includes a neighborhood yard sale which consists of
more than one person and more than one residential premises.
B.
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.
Permit required; fee; conditions.
A. The Borough Manager shall be authorized to issue a permit for temporary
blocking of a street for the purpose of holding a party. An application
for such permit shall be filed with the Borough at least 30 days before
the commencement of such party. Such application shall contain the
following information: the name and address of the applicant; the
name of the street or streets and a description of the portions thereof
to be blocked; a description of the specific party to be held; and
the date and the hours thereof. The application may require such additional
information as the Borough Manager may prescribe.
B. The application shall be accompanied by a fee in the amount of $10
or as modified by resolution of Council from time to time. The permit
shall be granted by the Borough Manager upon his or her determination
that the applicant is authorized by this section. The permit shall
be denied if the Manager finds that blocking the street or portion
thereof on the date requested in the application will unduly interfere
with the flow of vehicular traffic or upon determining that the party
is not authorized under this section.
C. The application shall specify the date and hours. Permit issued shall
be valid only for the date and the hours specified thereon.
D. The applicant shall be responsible for removal of litter, debris
and other materials from the street or portion thereof used for the
party. To ensure compliance with this provision, applicant shall be
required to post cash security in the amount of $50 with the Borough
prior to issuance of the permit. Upon completion of the party the
Borough Manager shall conduct an inspection of the area where the
party was held and if satisfied with cleanup conducted, shall return
the cash security. If not satisfied, the Borough Manager may use the
cash security or any part thereof to defray any Borough costs or expenses
to complete cleanup.
E. A street or portion thereof blocked off for a party shall not be
obstructed by obstacles which cannot be readily moved to allow emergency
and hazard vehicles to enter it in response to an emergency.
[Amended 10-12-2015 by Ord. No. 703]
This article shall be enforced by a criminal action in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. A person convicted of violating
this article shall be sentenced to pay a fine not to exceed $1,000
per violation, plus court costs and reasonable attorneys' fees
incurred by the Borough of Sellersville, or to imprisonment for not
more than 90 days, or both. Violations of more than one provision
of this article shall constitute separate violations. Each day that
a violation of any provision of this article continues or occurs shall
constitute a separate violation.