[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing 4-2-2007 as Ch. 50 of
the 2005 Code. Amendments noted where applicable.]
[Added 8-7-2017]
The purpose of this chapter is regulation of Garage Sales/Lawn/Yard
Sales as authorized under the Borough Code found at 8 Pa.C.S.A. § 1202(5).
A.
GARAGE SALE
LAWN/YARD SALE
PERSON
For the
purpose of this chapter, the following shall apply:
A public sale of goods conducted in a residentially associated
garage hereinafter included in the definition of lawn/yard sale.
An outdoor public sale of goods on residential property,
including but not limited to residential properties, garage, home,
lawn, or yard.
Any person, association, partnership, firm or corporation.
B.
In this
chapter, the singular shall include the plural, the plural shall include
the singular and the masculine shall include the feminine and the
neuter.
A.
Garage sales and lawn/yard sales shall be limited to three lawn/yard
sales during a twelve-month period per residence.
B.
The maximum duration of any garage sales and lawn/yard sales shall
not exceed three consecutive days.
C.
Items to be sold at garage sales and lawn/yard sales must belong
solely to the household where the sale is held. It shall be unlawful
to bring in and sell goods belonging to others or to purchase items
specifically to sell in a garage sale or lawn/yard sale, with the
exception of such sales conducted on behalf of a charitable or service
organization.
D.
In addition to the individual garage sales and lawn/yard sales held
during a twelve-month period, residents will be permitted to participate
in the annual Borough-wide community-wide lawn/yard sale sponsored
by the Chamber of Commerce.
Garage sales and lawn/yard sales may be held only between 7:00
a.m. and 6:00 p.m.
The authorization granted under this chapter does not permit
encroachment on the right-of-way (sidewalk or street).
Only one four-square-foot sign shall be permitted advertising
the garage sales and lawn/yard sales. Such sign shall be located upon
the premises where the sale occurs and shall be removed promptly upon
the completion of the sale. In addition, directional signs to the
garage sales and lawn/yard sales shall be allowed if the applicant
has permission from the property owner to place a directional sign
on the person's property. The directional signs will be removed
at the conclusion of the garage sales and lawn/yard sales.
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the chapter. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the chapter violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the chapter in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this chapter shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this chapter
shall remain in full force and effect.
