[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 7-12-2010 by Ord. No. 2010-5. Amendments noted where applicable.]
It shall be unlawful for any person to conduct a garage sale in the Borough of Palmyra without having first obtained a license to do so. The license shall be known as a "garage sale license," to be issued by the Borough Clerk of the Borough of Palmyra.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Including all sales known as "garage sales," "lawn sales," "attic sales," "rummage sales," and any similar casual sales of tangible personal property which are conducted within any zoning district permitting residential uses.
- Any person or persons, firm, association, partnership, club, LLC, LLP or corporation.
An application for a license to conduct a garage sale shall be filed with the Borough Clerk prior to the date of the sale on forms to be furnished by the Borough, which forms shall include the following information:
The name and address of the person conducting said sale.
The name and address of the owner of the property on which said sale is to be conducted, together with the written consent of such owner if the applicant is other than the owner.
The location at which the sale is to be conducted.
The date said sale is to take place.
The date and nature of any past sale conducted by the applicant within the Borough of Palmyra.
The fee(s) to be paid for a license to be issued hereunder shall be as follows: $2 when the license is applied for and obtained prior to the date of the sale.
In addition to the normal charge per Subsection A above, a late charge of $10 must be paid when a license is applied for and obtained after the date of the sale.
Payment of a late charge does not mean the applicant is not in violation of this chapter.
No license may be issued to any person more than once in any six-month period. No license shall be issued for any location within the Borough of Palmyra more than once in any six-month period. Notwithstanding anything above to the contrary, a person may be issued a garage sale license for one day upon moving into the Borough and for one day in preparation for a move from the Borough.
The license to be issued hereunder shall authorize the holding of a garage sale for not more than one calendar day, except that a license may authorize the holding of a garage sale on a second day if rain or inclement weather prevents such sale from being held on the first designated day.
Garage sales shall not commence before 9:00 a.m. and must be terminated by sundown.
Garage sales shall offer for sale only used items or personal property owned by the person conducting the garage sale or by the owner of the property on which the sale is conducted. No new merchandise shall be offered for sale.
No advertising of garage sales shall be permitted, except that a sign may advertise the sale, but shall only contain the date of and the location of the yard sale and shall not exceed three square feet; shall not be erected more than three days prior to such sale; and shall be removed within 48 hours after the sale. No sign shall be attached to a utility pole or traffic sign or signal or tree.
The license issued hereunder shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to any order of any court of competent jurisdiction.
Any bona fide religious, educational, or charitable institution or organization or governmental agency.
Any casual sale conducted within a building or structure and consisting of not more than five separate items.
The person to whom a license is issued and the owner and/or tenant of the premises on which the garage sale is conducted shall be jointly and severally responsible for the maintenance of good order on the premises during the hours in which a garage sale is conducted. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any streets in the vicinity of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the Borough of Palmyra in order to maintain the public health, safety and welfare. All licensed premises shall be subject to such reasonable rules as may be made from time to time by the governing body of the Borough of Palmyra and shall be subject to inspection by the Construction Code Official, Chief of Police and Fire Chief or any of their agents or duly authorized representatives of the Borough of Palmyra. No device or amplifying sound, music or other sound device shall be allowed, and any necessary sound shall be kept sufficiently low so as not to be audible within 50 feet of the property where the sale is held. Sales shall be conducted wholly within the confines of the property and in such a manner so as to cause no obstruction or encroachment on neighboring property or public sidewalks, streets or other public ways.
Except as set forth above, nothing contained herein shall be deemed to in any way change any provisions of Chapter 158, Land Development, or to permit any act forbidden therein and such ordinance shall remain in effect, except that it shall not be applied to any sale permitted by a license issued hereunder.
Any person violating any provision of this chapter shall be subject to a fine not to exceed $1;000 or imprisonment up to 30 days, or both. Each and every day that any provision of this chapter is violated is a separate offense.