[HISTORY: Adopted by the City Council of the City of Hazleton 9-26-2018 by Ord. No. 2018-33. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
CITY
The City of Hazleton.
HOUSEHOLD
The individual who applies for a permit and anyone who resides in that individual's residence.
PERMIT
The form that must be obtained, completed, and submitted along with the respective fee to the City of Hazleton Permit Office prior to conducting a yard sale.
YARD SALE
Any public sale of goods on residential property including, but not limited to, the residential properties, garage, home, lawn, or yard.
A. 
It shall be unlawful for any individual, group, or corporation to conduct within the City of Hazleton a yard sale or permit a yard sale to be held within the City of Hazleton on residential property under the individual, group, or corporation's control without first obtaining a yard sale permit from the City of Hazleton's Permit Office.
B. 
Any individual, group, or corporation conducting a yard sale within the City of Hazleton or outside the City limits, or any individual, group, or corporation posting advertisements within the City of Hazleton for a yard sale to be held inside or outside the City limits may be posted no sooner than 24 hours prior to the permitted time of the commencement of the proposed yard sale.
C. 
Signs may not be any larger than six square feet in size.
D. 
Posting of signs on public property, including, but not limited to greenbelts, bus benches, sidewalks, curbs, vehicle safety poles, signs, stanchions, or public utility poles is unlawful.
E. 
Directional signs no larger than six square feet may be placed upon private property with the property owner's or occupant's consent.
F. 
There shall be no more than five such signs erected by the permit holder. Signs shall be removed immediately following the conclusion of the sale.
A. 
Five yard sales are permissible per household in any twelve-month period;
B. 
The maximum duration of any yard sale shall be two consecutive calendar days;
C. 
The approved yard sale must be held within 15 days of the issuance of the permit for that yard sale; and
D. 
A yard sale shall not run more than nine consecutive hours, and shall start no earlier than 8:00 a.m. nor end any later than sundown each day for the duration of the event.
A. 
There will be no fee for the first, second, and third permits issued to a household within any twelve-month period.
B. 
The fee for the fourth and fifth permits issued to a household within the same twelve-month period as the first three permits shall be as provided in the fee schedule adopted by resolution of the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All permit fees shall be paid to the City of Hazleton's Permit Office prior to issuance of the permit.
D. 
All nonprofit service organizations and charitable organizations may obtain up to two yard sale permits in any twelve-month period without payment of fee.
A yard sale permit shall be issued by the Licenses and Permits Office and shall be displayed in a visible location at the registered site of the yard sale during the hours of operation.
In the case of rain, high winds, or other weather-related events that cause the cancellation of the permitted yard sale, the permit will be extended the number of days that the weather conditions prevented the commencement of the sale. Permittee must contact the Licenses and Permits Office within 48 hours of the weather-related event in order to get an extension of time. There shall be no more than one extension per permit.
A. 
The permit holder shall be responsible for and ensure that there is adequate and safe parking for the duration of their yard sale. At no time whatsoever shall the permit holder cause or allow, either directly or indirectly, the obstruction of any City street, court, road, alley, right-of-way, or any other public areas used for the traveling public.
B. 
In the event of an emergency, sufficient access shall be given for emergency services.
The provisions shall not apply to or affect the following:
A. 
Persons selling goods pursuant to an order or process of court of competent jurisdiction.
B. 
Persons acting in accordance with their powers or duties as public officials.
C. 
Any sale conducted by any merchant, mercantile, other business establishment, firm, or at a place of business wherein such sale would be permitted by zoning regulations of the City of Hazleton, or any other sale conducted by a manufacturer, dealer, or vendor, and which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.
D. 
Any bona fide charitable, eleemosynary, educational, cultural, or governmental institution or organization where the proceeds from the sale are used directly for the institution, or the organization's charitable purposes and the goods or articles are not sold on a consignment basis.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any provision of this chapter shall be subject to the penalties set forth in Chapter 1, Article II, Violations and Penalties, of this Code.
Any Hazleton City Police Officer, any member of the Hazleton City Fire Department, Code Officer, or Environmental Specialist is hereby authorized to act on behalf of the City of Hazleton in enforcement of this chapter.