[HISTORY: Adopted by the Borough Council of the Borough of West Reading 7-16-2002 by Ord. No. 864 (Ch. XIII, Part 9, of the 1993 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Transient retail businesses — See Ch. 418.
Zoning — See Ch. 455.
These rules and regulations are designed to control and restrict garage and yard sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only, in keeping with the character of the neighborhood where this activity is carried on in compliance with Chapter 455, Zoning. The intent of this chapter is to eliminate perpetual, prolonged and extended garage and yard sales in residential areas. Such sales, if continued indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and often violate the zoning regulations of the Borough of West Reading. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage and yard sales. It is not the intent of this chapter to change or amend Chapter 455, Zoning, Chapter 418, Transient Retail Businesses, and/or any other ordinances of the Borough of West Reading.
As used herein, the following terms shall have the meanings indicated.
GARAGE 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.
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.
GOODS
Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.
PERSONS
Individuals, partnerships, family groups, voluntary associations and corporations.
MUNICIPALITY
All residential dwellings located within any type of zone, zoned area, zoning district, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Borough of West Reading.
A. 
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Borough of West Reading without first obtaining a garage sale license from the Code Enforcement Officer after filing an application containing the information hereinafter specified.
B. 
The first garage sale license issued to any one person or for any one premises within one twelve-month period shall be issued without charge. For the second such license issued in any twelve-month period, there shall be a nonrefundable fee as set by the Borough Council of the Borough of West Reading pursuant to a resolution. No more than two garage sale licenses shall be issued to any one person or for any one premises within one twelve-month period.
This chapter shall not be applicable to:
A. 
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
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 chapter, any person may sell up to nine secondhand articles without being subject to the provisions of this chapter.
D. 
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 chapter have not been met.
E. 
Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Borough of West Reading 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 law of the Commonwealth of Pennsylvania and ordinances of the Borough of West Reading, including this chapter.
F. 
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.
G. 
Any public auction having a duration of no more than two days and conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
H. 
Any sale conducted on days designated by the Borough Council for Borough-wide yard or garage sales.
A. 
This chapter shall be enforced by the Code Enforcement Officer and it shall be his duty to investigate and prosecute any violation of this chapter.
B. 
If after an investigation, a violation is found to exist, the Code Enforcement Officer shall prosecute a complaint before a Magisterial District Judge pursuant to the provisions of this chapter.
C. 
The person to whom the garage sale license was issued and the person conducting the sale and the owner, tenant or occupant of the premises where the sale or activity is conducted shall be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity.
(1) 
No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of the premises where the sale is being conducted.
(2) 
In the event of any emergency, all such persons shall obey reasonable orders from any member of the Police Department or the Fire Department in order to maintain the public health, safety and convenience.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Berks County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).