[HISTORY: Adopted by the Board of Supervisors of the Township of Polk 7-25-2011 by Ord. No. 2011-02. Amendments noted where applicable.]
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.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
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.