[Ord. 1148, 11/2/2015]
These rules and regulations are designed to control and restrict
yard sales in order to protect the public health, safety and convenience
and to restrict such sales to casual and/or occasional occurrences
only and to eliminate perpetual, prolonged and extended yard sales
in residential areas. Such sales, if continued indefinitely, tend
to become retail businesses in residential areas and create a nuisance.
The provisions of this chapter arise from the need to limit, regulate,
restrict and control yard sales.
[Ord. 1148, 11/2/2015]
The following terms shall have the meanings indicated:
BOROUGH
The Borough of Mechanicsburg, Cumberland County, Pennsylvania.
HOUSEHOLD
The individual who applies for a permit and anyone who resides
in that individual's residence.
PERMIT
The form that must be obtained, completed, and submitted
to the Mechanicsburg Borough office prior to conducting a yard sale.
PERSONS
Individuals, partnerships, family groups, civic groups, voluntary
associations and corporations.
YARD SALE
The sale or offering for sale of new, used or secondhand
items of personal property on residential property, including but
not limited to the residential property's, garage, home, lawn,
sidewalk, or yard of same.
[Ord. 1148, 11/2/2015]
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 sale conducted by any business or commercial or industrial establishment
on property zoned as such per the zoning regulations of the Borough
of Mechanicsburg 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 laws of the Commonwealth of Pennsylvania and ordinances
of the Borough of Mechanicsburg, including this chapter.
D. Sales by a bona fide charitable, 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.
E. Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
[Ord. 1148, 11/2/2015]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fines of $5 plus prosecution
costs for the first offense; $10 plus prosecution costs for the second
offense; and $25 plus prosecution costs for the third offense and
any offense thereafter.
[Ord. 1148, 11/2/2015]
Any police officer is hereby authorized to act on behalf of
the Borough to enforce permit requirements.