This chapter shall be known as the "Polk Township Yard Sale
Ordinance."
This chapter is adopted pursuant to the provisions of the Pennsylvania
Second Class Township Code, Act of May 1, 1933 (P.L. 103, No. 69),
as reenacted and amended November 9, 1995 (P.L. 350, No. 60), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
YARD SALE
A sale open to the public of new, used or previously owned
personal property, including but not limited to goods, wares, merchandise
and clothing, held on vacant property or on a lawn, yard, porch, patio
or in a garage, residence or other building.
Yard sales may be conducted in Polk Township without a permit,
but only in strict conformity with the provisions of this chapter.
A property owner shall be permitted to conduct four yard sales
each calendar year on any particular property. A single yard sale
may be for a duration of no more than three consecutive days.
At the conclusion of any yard sale, the property owner shall
promptly remove all yard sale items from public view, as well as remove
tables, clothing racks, or other items used to display said yard sale
merchandise. Yard sale items may not merely be covered with tarps
or other such materials at the conclusion of the yard sale, but must
be totally removed from public view.
No yard sale shall commence before 8:00 a.m., and all yard sales
will end no later than 7:00 p.m. on any single day.
Temporary signage shall be permitted upon the property where
the yard sale is conducted. No such temporary signage shall be located
in the right-of-way of any public or private roadway. All signage
shall be promptly removed after completion of the yard sale. Directional
and other signage may be permitted, also on a temporary basis, upon
other properties but only with the express permission of the property
owner.
Motor vehicles shall not be permitted to park in any roadway
or right-of-way in conjunction with any yard sale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.