[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne 11-5-1987 by Ord. No. 571 (Ch. 13, Part 6, of the 1984 Code of Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 550.
This chapter shall be known as the "Garage Sale Ordinance."
The purpose of this chapter is to regulate garage sales in order
to protect the public health, safety and welfare by restricting such
sales to occasional occurrences in keeping with the character of residential
areas.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Lemoyne.
A garage sale is the sale or offering for sale 10 or more
items of personal property on the premises of any residential dwelling
during any one consecutive twelve-hour period and the sale or offering
for sale of less than 10 items on more than two different days within
a twelve-month period. Garage sales include all sales in residential
areas entitled "garage sales," "yard sales," "tag sale," "porch sale,"
"attic sale," "basement sale," "rummage sale," "flea market sale,"
or any similar casual sale of tangible personal property.
Person or persons means individuals, partnerships, family
groups, voluntary associations and corporations.
All property except real property.
Residential areas include all residential dwellings located
within the Borough, regardless in what zoning district said residential
dwelling is located.
A.
It shall be unlawful for any person to conduct a garage sale without
first obtaining a garage sale permit from the Borough.
B.
Garage sale permits shall be issued without charge.
C.
Such permit shall be issued to one person for one specific premises
only one time within a two-week period. No more than two licenses
for garage sales shall be issued for the same premises or to the same
person in any twelve-month period.
D.
No license shall be issued for a garage sale for longer than two
consecutive days.
E.
Only property of the owner or occupant of the premises where the
permitted sale occurs may be sold. It is unlawful to receive property,
whether by purchase or otherwise, for the purpose of selling same
at a garage sale. Notwithstanding the foregoing, it shall be lawful
for Borough residents to combine property for sale at one location,
providing that each person supplying property for sale obtains a permit
pursuant to this chapter.
F.
Each permit issued under this chapter must be prominently displayed
on the garage sale premises throughout the entire period of the licensed
sale and must be exhibited to any Borough officer or policeman upon
request.
G.
All garage sales shall be conducted between the hours of 7:00 a.m.
and 7:00 p.m. on the day or days for which the permit is issued.
An application for a garage sale permit shall include the following
information:
A.
The name of the person or persons organizing and conducting the sale,
and if said person is not the applicant, the relationship of said
person to the applicant.
B.
The name of the owner and the occupant or tenant of the property
on which the sale is to be conducted.
C.
If the applicant is other than an owner or an occupant of the place
of sale, the consent of the owner to hold the sale.
D.
The street address and mailing address of the premises where the
sale is to be conducted.
E.
The number of days of the sale, limited to two consecutive days,
and the date or dates of such sale.
F.
The date(s) of any past sale(s) of the applicant on the same premises
or elsewhere in a residential area in the Borough in the twelve-month
period immediately preceding the date of application for a license.
G.
The applicant shall sign the application which shall contain a statement
that the information given is true, correct and complete to the best
of the applicant's knowledge, information and belief, and that any
false statements therein may subject the applicant to the penalties
provided by the Pennsylvania Crimes Code.
A.
Garage sales may be advertised through the newspapers or other media.
B.
A sign no larger in size than two feet by two feet may be installed
on the property where the sale is being conducted. In addition, no
more than two other directional signs no larger in size than two feet
by two feet may be installed on private property with the permission
of said property owner. The signs may be displayed only 24 hours prior
to the date of the sale and shall be removed within two hours after
the sale is concluded.
C.
No sign or other display advertising the sale shall be placed on
the public right-of-way. No lighted or illuminated signs shall be
used. No signs shall be permitted which are pasted, stapled, nailed,
or otherwise permanently attached to public utility poles or trees
within the right-of-way of any street.
This chapter shall not be applicable to the following:
A.
Persons selling goods pursuant to an order of a court of competent
jurisdiction.
B.
Estates having a public auction to liquidate contents of a residential
dwelling.
C.
Persons acting in accordance with their powers and duties as public
officials.
D.
Persons selling up to nine articles on one given day but this shall
not exclude the offering for sale of personal property on more than
two different days within a twelve-month period.
E.
Any sale conducted by any business, commercial or industrial establishment
of Lemoyne at other than a residence which is in compliance with applicable
laws, ordinances, rules and regulations.
F.
Sales by a bona fide charitable, eleemosynary, 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 of establishing the exemption under this
subsection shall be on the organization or institution claiming such
exemption.
G.
Any public auction conducted by an auctioneer, licensed by the Commonwealth
of Pennsylvania, having a duration of no more than three days.
A.
The person
to whom the garage sale license is issued, the person conducting the
sale, and the owner, tenant or occupant of the premises where the
sale or activity is conducted shall be jointly and severally responsible
for the maintenance of good order and decorum on the premises during
the hours of such sale or activity;
B.
No such person shall permit any loud or boisterous conduct on such
premises or permit the impeding of vehicular and pedestrian traffic
on any roads, streets or sidewalks in the area of the premises where
the sale is being conducted; and
C.
In the event of an emergency, all persons shall obey reasonable orders
from any member of the Borough Police Department or Borough Fire Department.
Any person conducting a garage sale without having properly
obtained a permit therefor, or who shall otherwise violate or fail
to comply with any provisions of this chapter or any other rules,
regulations or provisions adopted pursuant to this chapter or who
makes a false statement or misleading omission on any application
provided for herein shall upon conviction be sentenced to pay a fine
of not less than $25 nor more than $300 and cost of prosecution, and
in default of payment thereof, to imprisonment for not more than 30
days. Each day that such sale or violation continues without being
duly permitted shall constitute a separate violation.
