[Amended 8-16-1982 by Ord. No. 268]
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.
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.
[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.