[Ord. 64, 11/9/1994, § 1]
This Part shall be known and cited as the "Upper Nazareth Township
Garage and Yard Sale Ordinance."
[Ord. 64, 11/9/1994, § 2]
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, in keeping with the character of the neighborhood where this activity is carried on in compliance with the Township Zoning Ordinance [Chapter 27]. The intent of this Part 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 applicable zoning regulations. It is not the intent of this Part to change or amend the zoning ordinance or any other ordinances of the Township.
[Ord. 64, 11/9/1994, § 3]
The sale or offering for sale of four or more new, used or secondhand
items of personal property at any one residential property at any
one time shall constitute a garage sale.
Includes all sales in residential areas entitled "garage sales,"
"yard sales," "tag sale," "porch sale," "lawn sale," "attic sale,"
"basement sale," "rummage sale," "flea market sale," or any similar
casual sale of tangible personal property.
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
All residential dwellings located within any type of zone,
zoned area or zoning district, whether or not said areas or zones
are residential, business, commercial or otherwise, within the geographic
boundaries of the Township of Upper Nazareth.
Individuals, partnerships, family groups, voluntary associations
and corporations.
[Ord. 64, 11/9/1994, § 4]
1.
Garage sales as hereinbefore defined shall be limited to two such
sales per household (or similar unit) per calendar year, each sale
to have a duration of not more than two days.
2.
It shall be unlawful for any person to conduct more than two garage
sales per calendar year within the boundaries of the Township.
[Ord. 64, 11/9/1994, § 5]
1.
This Part 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 three in number. Notwithstanding
any provisions of this Part, any person may sell up to three secondhand
articles without being subject to the provisions of this Part.
D.
Any sale conducted by any legitimate business or commercial or industrial
establishment on property zoned under the zoning regulations of the
Township 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 laws of the Commonwealth of Pennsylvania and ordinances
of the Township including this Part.
E.
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 paragraph shall be
on the organization or institution claiming such exemption.
F.
Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
[Ord. 64, 11/9/1994, § 6; as amended by A.O.]
1.
This Part shall be enforced by the Township Chief of Police and it
shall be his duty to investigate and prosecute any violation of this
Part.
2.
If after an investigation, a violation is found to exist, the Chief
of Police shall prosecute a complaint before the appropriate magisterial
district judge pursuant to the provisions of this Part.
3.
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.
A.
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.
B.
In the event of an 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.
[Ord. 64, 11/9/1994, § 7; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
