[HISTORY: Adopted by the Borough Council of the Borough of
Souderton as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 600.
[Adopted 6-3-1991 by Ord.
No. 562 (Ch. 75, Art. I, of the 1972 Code)]
The purpose of this article is to permit, license, regulate
and control yard sales or garage sales conducted from residential
properties within the Borough of Souderton.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this article to have the meanings herein
set forth:
The sale, barter or auction, by public display and/or advertisement
by signs, handbills, circulars or word of mouth, of any items of personalty
shown on the premises of the owner, with said sale being conducted
on said premises on a specific date.
The sale, barter or auction, by public display and/or advertisement
by any signs, handbills, circulars or word of mouth, of any items
of personalty shown on the premises of the owner, with said sale being
conducted on said premises on a specific date.
The document secured from the Souderton Borough Zoning Officer
upon application and payment of the appropriate filing fee.
Includes individuals, corporations, philanthropic, charitable
or religious institutions, or nonprofit corporations, homeowner associations,
unincorporated associations, partnerships and joint ventures, who
are owners of real estate within the Borough of Souderton, their equitable
owners, or any agents, servants, workmen or employees thereof or independent
contractors thereof.
A property located within any zoning district used solely
as a residential dwelling, whether for single or multiple families.
Includes "yard sale," "garage sale," "sidewalk sale," "auction,"
"rummage sale," "attic sale" or any other activity by which a person
or persons shall display items of personalty to other persons and
invite the bidding or purchase thereof by said persons.
The sale, barter or auction by public display and/or advertisement
by any signs, handbills, circulars or word of mouth, of any items
of personalty shown on the premises of the owner, with said sale being
conducted on said premises on a specific date.
No person shall conduct a yard sale, garage sale or auction
from a residential property within the Borough of Souderton without
first obtaining a permit from the Souderton Borough Zoning Officer.
This article shall not apply to lawful commercial properties as set
forth and established under the provisions of the Souderton Zoning
Ordinance.
The fee for a permit pursuant to this article shall be established
by resolution of Souderton Borough Council.
For the purposes of this article, any person desiring to secure
a permit to conduct a yard sale, garage sale or auction shall, at
least two weeks prior to the time and date set for the sale or auction,
execute with the Souderton Borough Zoning Officer an application for
a garage or yard sale permit and shall pay the required permit fee.
No person shall conduct more than two yard sales, garage sales
or auctions from a specific residential property in the Borough of
Souderton during any calendar year. For the purpose of this section,
a single yard or garage sale can extend over two consecutive calendar
days.
A.
Rescheduling of sale or auction. In the event of inclement weather
or for some other reason the sale or auction shall be cancelled on
the day upon which it was to occur, the sale or auction can be rescheduled
at the option of the permit holder by filing a second application
with the Souderton Borough Zoning Officer.
B.
Transfer of permit. No permit issued by the Zoning Officer shall
be transferable to any other person, nor shall the place of the sale
or auction be changed without cancellation of the permit and issuance
of a new permit, upon application, to the new location.
Every person to whom a permit has been issued hereunder shall
comply with the following rules:
A.
On the day of the sale or auction, the permittee shall prominently
display the permit in such a manner as to be visible in front of the
premises where the sale is being conducted.
B.
All signs used to advertise the specific sale shall conform to the
sign regulations as set forth in Souderton Borough Ordinance No. 514.[1] Additionally, the permittee is prohibited from using the
property of another in any manner whatsoever to advertise or give
notice of the sale unless permission is expressly granted by the respective
property owners.
[1]
Editor's Note: See the Borough of Souderton Zoning Ordinance.
C.
The permittee shall not conduct the sale permitted under this article
in any manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
D.
The permittee will be responsible for keeping sidewalks clear of
all items offered for sale, including any stand, table or other device
used to display such items.
E.
On completion of the sale the permittee will clean up and remove
any paper or litter of any kind from the sidewalks and promptly remove
all signs or other devices used to advertise the sale.
Nothing contained in this article shall be construed to prohibit
any person who is a bona fide resident of the Borough of Souderton
from selling vegetables that were actually grown in the Borough of
Souderton at the resident's owned or leased residential property.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, by summary proceeding, be sentenced
to pay a fine of not more than $600 and the costs of prosecution;
provided, however, that each day's violation of any of the provisions
of this article shall constitute a separate offense.
Nothing herein contained shall be construed to enlarge the uses
permitted within the Zoning Ordinance of the Borough of Souderton,
as it may be amended.
