[HISTORY: Adopted by the Board of Commissioners of Penn Township 10-19-1981 by Ord. No. 257 (Ch. 107 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 214.
[Amended 8-16-1982 by Ord. No. 268[1]]
The definitions as set forth in Chapter 142, the Penn Township Ordinance of Definition, are hereby incorporated into this chapter. In addition, the following definitions shall apply:
NONPROFIT ORGANIZATION
Any organization or corporation duly and legally established for purely religious, charitable, scientific or educational purposes, including civic organizations, fire companies, social and service organizations and fraternal beneficial societies.
PRIVATE AUCTION BY NONPROFESSIONAL AUCTIONEERS
The display for sale, barter or exchange of an assortment of any new or used furniture, sporting goods, fixtures, vehicles, equipment, food, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises and conducted by the owner, resident or other nonprofessional auctioneer, whether compensated or not.
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, basement, steps or vestibule belonging or appurtenant to such dwelling house or other structure.
PRIVATE SALES
The display for sale, barter or exchange of an assortment of any new or used furniture, sporting goods, fixtures, vehicles, equipment, food, clothing, metal, glass, paper, rubber synthetics, household goods or rummage conducted upon private premises, otherwise known as "yard sales." The sale of singular items on a nonrecurring basis such as an automobile, truck, trailer, boat, outboard motor, tractor, garden tractor, power mower, snowblower and other similar large items are not included in the foregoing definition.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No private sale or private auction shall be conducted within the Township of Penn except in conformance with the provisions of this chapter.
[Amended 7-17-2023 by Ord. No. 856]
No private sale or private auction shall be conducted within the Township of Penn unless a permit shall have first been issued by the Zoning Officer permitting the same. The cost of the permit will be set from time to time by resolution of the Penn Township Board of Commissioners.
[Amended 8-16-1982 by Ord. No. 268; 7-17-2023 by Ord. No. 856]
Private sales or private auctions conducted within the Township of Penn shall be between the hours of dawn and dusk on the day for which the permit is issued. No permit shall be issued for more than three consecutive days. Sales and auctions can be conducted from Monday through Saturday. Sunday yard sales are prohibited.
No refrigerator or icebox having a capacity of 1 1/2 cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device, shall be displayed, offered for sale or sold at a private auction unless the attached lid or door shall first be removed and detached therefrom or secured in such a manner that the door cannot be closed.
Nothing herein contained shall apply to a sale held under a judicial order, judgment or decree, or a writ issued out of any court.
A. 
Upon filing written application with the Township Zoning Officer stating the date and place where the private sale or private auction is to be conducted and the type of merchandise to be sold, together with the filing fee, the Township Zoning Officer shall issue a sale permit authorizing the same, and the bulk sale permit shall be displayed on the date of the sale in the proximity of the material being offered and in clear view from the street.
B. 
There shall be a fee for the issuance of said permit. The fee shall be set, from time to time, by resolution of the Board of Commissioners. All nonprofit organizations shall be entitled to a reimbursement of the permit fee upon proper notification to the Township by an official of the applicant.
[Added 7-20-1998 by Ord. No. 538]
[Added 7-20-1998 by Ord. No. 538]
The permittee shall conform to the signage requirements as follows:
A. 
Signage for advertising of yard sales shall not be placed on any PennDOT or Penn Township road, street directional or signal light pole. Signs may be taped (not nailed or tacked) on wooden utility poles unless specifically prohibited by the utility company.
B. 
Signs independently placed on private property or in the public right-of-way must not impair vehicular sight distance. If the placement of any sign constitutes a safety hazard the sign will be removed at the expense of the permittee.
C. 
Signs must provide information on the location of the yard sale, including street name and number as well as the dates of the sale.
[Amended 5-20-1985 by Ord. No. 308; 7-17-2023 by Ord. No. 856]
No person, firm or corporation shall be issued more than four permits within a calendar year, nor shall more than four permits be issued for any one location within a calendar year, with the exception of any person, firm or corporation selling goods, wares, or merchandise under the auspices of the South Western School District or the Hanover Area Volunteer Fire Company or any purely public, charitable religious or educational organizations or purpose which may be approved as such from time to time by resolution of the Board of Commissioners where no limit shall exist on the number of sales.
[Amended 11-7-1988 by Ord. No. 370; 7-20-1998 by Ord. No. 538]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be subject to the penalties for violations as described in Chapter 1, Article II, of the Penn Township Code.