[HISTORY: Adopted by the Borough Council of the Borough of Mount Holly Springs as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. XIII, Part 3, of the 1979 Code of Ordinances]
Unless otherwise expressly stated, the following words and phrases shall be continued to have the meaning herein set forth:
GARAGE SALE
Includes all general sales, open to the public, conducted from or on a residential premises for the purpose of disposing of personal property, including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," or "rummage" sale. The definition shall not, however, include a public sale of land or goods at public outcry to the highest bidder.
GROUP ACTIVITY SALES
Any activity such as a flea market, rummage sale, carnival, fair and related activities which are conducted by a nonprofit organization on any premises within the Borough.
PERSON
Any person, association, partnership, firm or corporation unless specifically indicated otherwise.
SIDEWALK SALE
The sale of goods or merchandise conducted on the immediate business premises of any merchant having a place of business within the Borough which sale is conducted in such a manner that the goods or merchandise are stored or sold outside the building which contains the principal place of business.
Except as hereinafter described, it shall be unlawful for any person to hold a sidewalk sale or group activity sales without first obtaining a permit in compliance with the provisions of this article.
Applicants for a permit under this article must file a written request for a permit with the Borough Secretary. Approval of said permit shall be made by the Borough Code Enforcement Officer who shall evaluate each application for compliance with the provisions of this article. If, however, the application shall request that certain Borough streets or alleys be closed, then in such case Borough Council shall approve or disapprove said permit application after evaluating the application pursuant to the provisions of the article.
A. 
Each application shall contain:
(1) 
Name and address of the applicant.
(2) 
Type of sale or group activity sales.
(3) 
Dates of sale of activity.
(4) 
Requests, if any, for closing streets or alleys.
B. 
If such request is made, the application must contain provisions for barricades, warning lights and alternative routes of travel.
A permit shall be good for three consecutive days which may be extended by the Code Enforcement Officer because of inclement weather during the three days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A person, as defined above, shall pay a fee as set from time to time by resolution of the Borough Council for an initial sidewalk sale or group activity sales permit. Said person may file two additional applications for sidewalk sales or group activity sales permit during the same calendar year without incurring any additional fee.
A. 
Hours of operations. Garage sales, sidewalk sales, and group activity sales shall be held during the hours of 7:00 a.m. to 9:00 p.m.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Encroachment. A clear sidewalk having a width of at least 3 1/2 feet shall be maintained in front of the premises being utilized for any garage sale, sidewalk sale, or group activity sale, for the purposes of pedestrian travel.
C. 
Safety. If any items or personal property are stored or placed on any part of the sidewalk during periods of darkness, then such items shall be roped off or sufficiently illuminated to avoid any hazards to the traveling public.
D. 
Premises. All parking shall confirm with the applicable statutes or ordinances. If special parking regulations shall be requested in writing at the time of the application.
Any nonprofit organization or association may request in writing on its application for the closing of any street or alley. Borough Council shall be responsible for approving all applications requesting a street closing. In deciding whether to approve or disapprove such street closing, Council shall consider:
A. 
Safety of pedestrians and vehicular traffic.
B. 
Length of the street or alley.
C. 
Traffic pattern.
D. 
Alternative routes of travel.
E. 
Possible congestion.
F. 
Adequacy of proposed signs and barricades which must be described in detail at the time of the application. It shall be the responsibility of the organization or association to place and maintain all safety equipment, lights, or barricades.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No application for a garage sale as defined is required. A person shall, however, hold no more than six garage sales per year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Cumberland County.
The provisions of this article are hereby declared to be severable and if any section, sentence, clause of this article shall be held invalid, such decision shall not affect the remainder of the article.