[Adopted 3-8-1999 by Ord. No. 608]
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:
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
An organized procession, except funeral processions, upon
any public street, sidewalk or alley.
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.
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.
Individuals, partnerships, family groups, voluntary associations
and corporations.
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.
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.
A.
Permit required; fee; conditions for sales.
(1)
It shall be unlawful for any person or persons to hold a yard sale
within the geographic boundaries of the Borough without first obtaining
a garage sale permit from the Borough after submitting an application
containing the information hereinafter specified.
(2)
The first yard sale permit issued to any one person or for any one
premises within one twelve-month period shall be issued without charge.
The second and third permits shall also be without charge; however,
the Borough reserves the right to impose a fee by resolution of Council
from time to time. No more than three sales may be held by any one
person or at any one premises within a twelve-month period. A permit
issued shall be valid for two consecutive calendar days. In the event
of inclement weather or if for some other reason the sale shall be
canceled on the day upon which it was to occur, the sale can be rescheduled
at the option of the permit holder by obtaining permission from the
Borough Manager.
(3)
The first neighborhood yard sale permit issued within one twelve-month
period shall be issued without charge. The second and third permits
shall also be without charge; however, the Borough reserves the right
to impose a fee by resolution of Council from time to time. No more
than three neighborhood sales may be held in the same neighborhood
within a twelve-month period. A permit issued shall be valid for two
consecutive calendar days. Application for neighborhood yard sales
shall contain the names and addresses of all participating persons.
B.
Exemptions. This article shall not be applicable to:
(1)
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
(2)
Persons acting in accordance with their powers and duties as public
officials.
(3)
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 article, any person may sell up to nine secondhand
articles without being subject to the provisions of this article.
(4)
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 article have not
been met.
(5)
Any sale conducted by any legitimate business or commercial or industrial
establishment on property zoned under the zoning regulations of the
Borough 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 Borough including this article.[1]
(6)
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.
(7)
Any public auction having a duration of no more than two days and
conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.
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.
A.
Permit required; fee; conditions.
(1)
It shall be unlawful for any person to conduct a parade or motorcade
in or upon any public street, sidewalk or alley in the Borough or
knowingly participate in any such parade or motorcade unless and until
a permit to conduct such parade or motorcade has been obtained from
the Borough Manager.
(2)
No permit shall be issued authorizing the conduct of a parade or
motorcade which is proposed to be held for the sole purpose of advertising
any product, goods, wares, merchandise or event and is designed to
be held purely for private profit.
(3)
Any person who desires to conduct a parade or motorcade shall apply
for a permit at least 90 days in advance of the date of the proposed
parade or motorcade.
(4)
Said application shall be made to the Borough Manager and the permit
shall be issued if the Manager signs the permit form. In the event
that the Manager shall not sign said permit, then it shall be considered
denied and the applicant may appeal to the Borough Council who may,
in its discretion, issue a permit by a majority vote of those voting.
(5)
The Borough Manager may, at his discretion, consider any application
for a permit to conduct a parade or motorcade which is filed less
than 90 days prior to the date of such parade or motorcade.
(6)
The application for a permit shall be made in writing on a form approved
by the Borough Manager. In order that adequate arrangements may be
made for the proper policing of the parade or motorcade, the application
shall contain the following information:
(a)
The name of the applicant, the sponsoring organization, the
parade or motorcade Chairman and the address and telephone number
of each.
(b)
The purpose of the parade or motorcade, the date when it is
proposed to be conducted, the location of the assembly area, the location
of the disbanding area, the route to be traveled and the approximate
time when the parade or motorcade will assemble, start and terminate.
(c)
A description of the individual floats, marching units, vehicles
and bands.
(d)
Applicant shall provide a written certificate of insurance in
an amount not less than $1,000,000 expressly naming the Borough of
Sellersville as additional insured insuring applicant and Borough
against any claim whatsoever for personal injury and/or property damage
as a result of the parade or motorcade.
(e)
Such other information as the Borough Manager may deem reasonably
necessary.
(f)
The application shall be accompanied by a fee in the amount
of $100 or as modified by resolution of Council from time to time.
B.
Standards for issuance or denial of permit.
(1)
Standards for issuance. The permit shall be issued for a parade or
motorcade conditioned upon the applicant's written agreement
to comply with the terms of such permit, unless it is found that:
(a)
The time, route and size of the parade or motorcade will disrupt
to an unreasonable extent the movement of other vehicular and pedestrian
traffic.
(b)
The parade or motorcade is of a size or nature that requires
the diversion of so great a number of police officers to properly
police the line of movement and the areas contiguous thereto that
allowing the parade or motorcade would deny reasonable police protection
to the Borough.
(c)
Such parade or motorcade will interfere with another parade
or motorcade for which a permit has been issued.
[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.
