[HISTORY: Adopted by the Borough Council of the Borough of Bath 10-1-2007 by Ord. No. 2007-601. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
- The Borough of Bath, Northampton County, Pennsylvania.
- COMMUNITY YARD SALE
- A yard sale sponsored by a nonprofit service organization or nonprofit charitable organization and permitted by this chapter pursuant to § 664-4D. Further, said yard sale shall be governed by a list of participating properties provided to the Borough by said nonprofit organization or nonprofit charitable organization.
- The individual who applies for a permit, and anyone who resides in that individual's residential property.
- INDOOR FURNITURE
- Any furniture designed for indoor use, including, but not limited to, bureaus, dressers, bed frames, mattresses, box springs, sofas, couches, section couches, love seats, and recliners or any upholstered furniture designed for indoor use.
- Refer to the form that must be obtained, completed and submitted along with the respective fee to the Borough Secretary prior to conducting a yard sale.
- RESIDENTIAL PROPERTY
- Any structure, or part thereof, designed to be legally occupied as the living quarters of one family or housekeeping unit having separate kitchen and separate bathroom facilities.
- YARD SALE
- Any public sale of goods on residential property including, but not limited to, the residential property's garage, home, lawn or yard.
It shall be unlawful for any individual, group, corporation or entity to conduct, within the Borough, a yard sale, or permit a yard sale to be held within the Borough, on residential property under the control of said individual, group, corporation or entity without first obtaining a yard sale permit from the Borough, except for a community yard sale as defined herein.
No signs shall be posted on any public property or any utility poles.
No yard sale may operate during the hours of 7:00 p.m. and 7:00 a.m.
No indoor furniture may be stored or maintained outside a residential property except for sale as part of a permitted yard sale.
No yard sale may obstruct adjacent residential property, a Borough easement, a Borough right-of-way, or a public sidewalk along a state road or Borough street. In no event may a yard sale permittee place or permit to be placed any sale items, indoor furniture or sale materials whatsoever within or on a Borough easement, a Borough right-of-way or a public sidewalk along a state road or Borough street.
No yard sale may be permitted except by the occupier of the residential property and no sale items owned by any person, individual, corporation or entity not residing at the residential property may be brought to the residential property as part of the yard sale.
No signs advertising a yard sale may be erected more than three days prior to the first day of a yard sale, and all said signs and goods must be removed by the end of the yard sale. Further, no signs advertising a yard sale may have a sign area exceeding two square feet.
The fee for the first permit issued to a household within any twelve-month period shall be $5;
The fee for the second permit issued to a household within the same twelve-month period as the first permit shall be $5; and
All permit fees shall be paid to the Borough Secretary prior to the issuance of the permit.
Nonprofit service organizations and nonprofit charitable organizations may obtain up to two yard sale permits in any twelve-month period without payment of fee.
[Amended 11-5-2018 by Ord. No. 2018-678]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of $100 plus prosecution costs for the first offense; $300 plus prosecution costs for the second offense; and $500 plus prosecution costs for the third offense and any offense thereafter. In addition, court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings shall be assessed against violator and awarded to the Borough.
The Borough Manager or her designee, any police officer or Code Enforcement Officer is hereby authorized to act on behalf of the Borough.