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.
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.
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.