[HISTORY: Adopted by the Borough Council of the Borough of
Littlestown 8-24-1993 by Ord. No. 437 (Ch. 46 of the 1994 Code).
Amendments noted where applicable.]
This chapter shall be known as the "Borough of Littlestown Private
Sales and Auctions Ordinance."
The following words and phrases as used in this chapter shall
have the following meanings and definitions:
The display for sale, barter or exchange, either indoors
or outdoors, of an assortment of any new or used furniture, sporting
goods, appliances, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods, miscellaneous
personal property 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, mower, snowblower or other similar large
items, or single items of personal property (i.e., one item at any
one time in or upon any one property, residence or dwelling unit),
shall not be included in the present definition.
The display for sale, barter or exchange, either indoors
or outdoors, of an assortment of any new or used furniture, sporting
goods, appliances, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods, miscellaneous
personal property or rummage, conducted upon private premises by the
owner(s), resident(s) or other nonprofessional auctioneer(s), whether
compensated or not.
The display for sale, barter or exchange, either indoors
or outdoors, of an assortment of any new or used furniture, sporting
goods, appliances, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods, miscellaneous
personal property or rummage, conducted upon private premises by duly
licensed, professional auctioneer(s), whether compensated or not.
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,
including any yard, grounds, walk, driveway, porch, garage, basement,
steps, vestibule or accessory structure belonging or appurtenant to
such dwelling house, building or other structure.
No private sale or private auction, by professional or nonprofessional
auctioneer(s), shall be conducted within the Borough of Littlestown,
except in conformance with the provisions of this chapter, and unless
a permit shall have first been issued by the Borough Secretary permitting
same.
Private sales and private auctions, of either type, conducted
within the Borough of Littlestown shall commence and terminate only
between the hours of 9:00 a.m., prevailing time, and sunset, and only
on the day(s) for which a permit is issued. No permit or permits shall
be issued for more than three consecutive days, and all sales subject
to regulation pursuant to the present ordinance shall commence and
terminate in strict accordance with the terms of the permit issued
therefor. No person or entity shall be issued more than two permits
within one-calendar-year period, nor shall more than two permits be
issued for any one location [a "location," for purposes of this chapter,
shall be considered to be one particular street address, or one particular
single-family residence] within said one-calendar-year period, nor
shall any one sale in one location regulated hereunder continue for
more than three consecutive days, regardless of whether such sale
is conducted pursuant to and in accordance with one or two permits.
In the event that inclement weather causes the complete cancellation
and postponement of any duly permitted private sale or private auction,
of either type, the permit issued for such date(s) shall be valid
for a new date(s), provided that the Borough Secretary shall have
been notified of such cancellation and postponement and of the proposed
new date(s), and shall have issued a substitute permit for the rescheduled
date(s).
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
sale or private auction, of either type, unless the attached lid or
door shall first be removed and detached therefrom or secured in such
a manner that the door or lid cannot be closed or locked shut.
Nothing herein contained shall apply to a sale held under a
judicial order, judgment or decree, or a writ issuing out of any court,
or sale to enforce any lawful lien or power of sale.
[Amended 12-14-2004 by Ord. No. 587]
Upon the filing of a written application on a form to be furnished
by the Borough, stating the name and address of the applicant(s),
the type of sale or auction, the date(s) and place where the private
sale or private auction, of either type, is to be conducted, the type(s)
of merchandise to be sold or auctioned, and that the private sale
or private auction will be conducted in strict compliance with this
chapter, together with the required permit fee of $5, the Borough
Secretary, upon being satisfied and assured that the issuance of the
requested permit is lawful, proper and in conformity with this chapter,
shall issue a permit authorizing the private sale or private auction,
of either type, which permit shall be displayed at all times and dates
of the conduct of the same, in the proximity of the items offered
for sale or auction and in clear view of the public street abutting
the premises.
Any person, firm, corporation, partnership or entity, or any
agent thereof, who or which shall violate any provision(s) of this
chapter, or who or which shall file or cause to be filed an application
for a permit hereunder containing a misrepresentation of fact, shall
be guilty of a criminal offense and shall, upon conviction thereof,
be sentenced to pay a fine, or undergo imprisonment, or both, not
to exceed the maximum fine, penalty or term of imprisonment for such
an offense as is prescribed and established, as of the date of conviction,
by statute(s) of the Commonwealth of Pennsylvania relative to violations
of municipal ordinances, which statute(s) is/are hereby incorporated
herein by reference. Each day that a violation of this chapter occurs
or continues shall constitute a separate offense, and shall be punishable,
as aforesaid, as such.
This chapter shall become effective the first day of January
1994.
