[HISTORY: Adopted by the Borough Council
of the Borough of Bonneauville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-19-2002 by Ord. No. 87 (Ch.
13, Part 3, of the 1994 Code)]
This article shall be known as the "Ordinance
Regulating and Restricting Garage and Yard Sales."
Such rules and regulations as set up in this
article designed to control and restrict garage sales and yard sales
in order to protect the public health, safety and convenience and
to restrict such sales to casual and/or occasional occurrences only
in keeping with the character of the neighborhood where this activity
is carried on and with the Zoning Ordinance of the Borough of Bonneauville.[1] The intent of this article is to eliminate perpetual,
prolonged and extended garage sales and yard sales in residential
areas. Such sales, if carried on indefinitely, tend to become retail
businesses in residential areas and zones, create a nuisance and usually
violate the zoning regulations of the Borough of Bonneauville. The
provisions of this article arise from the need to limit, regulate,
restrict and control garage sales and yard sales. It is not the intent
of this article to change or amend the zoning laws, transient business
laws and/or any other laws or ordinances of the Borough of Bonneauville.
As used in this article, the following terms
shall have the meanings indicated:
The sale or offering for sale of 10 or more
new, used or secondhand items of personal property at any one residential
premises at any one time.
Includes all sales in residential areas entitled
"garage sales," "yard sales," "tag sale," "porch sale," "lawn sale,"
"attic sale," "basement sale," "rummage sale," "flea market sale,"
or any similar casual sale of tangible personal property.
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
All residential dwellings located within any type of zone,
zoned area, zoning district, whether or not said areas or zones are
residential, business, commercial or otherwise, within the geographic
boundaries of the Borough of Bonneauville.
Individuals, partnerships, family groups, voluntary associations
and corporations.
A.
It shall be unlawful for any person to conduct a garage
sale or yard sale within the geographic boundaries of the Borough
of Bonneauville without first obtaining a garage sale or yard sale
license from the Borough of Bonneauville after filing an application
containing the information hereinafter specified.
B.
The first garage sale or yard sale license issued
to any one person or for any one premises within one twelve-month
period shall be issued without charge. For the second and third such
license issued in any twelve-month period, there shall be a nonrefundable
fee of $10 as set by the Council of the Borough of Bonneauville. The
fourth, fifth and sixth garage sale permits shall be issued at a cost
of a nonrefundable fee of $10 for each garage sale.
[Amended 8-21-2007 by Res. No. 183-07]
This article shall not be applicable to:
A.
Persons selling goods pursuant to an order of process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and
duties as public officials.
C.
Any person selling or advertising for sale an item
or items of personal property which is specifically named or described
in the advertisement and which separate items do not exceed nine in
number. Notwithstanding any provisions of this article, any person
may sell up to nine secondhand articles without being subject to the
provisions of this article.
D.
Any publisher of a newspaper, magazine or other publication
or other communications media who publishes or broadcasts anything
in good faith without knowledge of its false, deceptive or misleading
character or without knowledge that the provisions of this article
have not been met.
E.
Any sale conducted by any legitimate business or commercial
or industrial establishment on property zoned under the zoning regulations
of the Borough of Bonneauville with or without the protection of the
nonconforming use section of the zoning laws, or any sale conducted
by any other vendor or dealer when the sale is conducted in a properly
zoned area and not otherwise prohibited by laws of the Commonwealth
of Pennsylvania and ordinances of the Borough of Bonneauville including
this article.
F.
Sales by a bona fide charitable, eleemosynary, educational,
cultural or governmental institution, civic group, service club, religious
or fraternal society or other tax-exempt organization; provided, however;
that the burden of proof to establish the exemption under this subsection
shall be on the organization or institution claiming such exemption.
G.
Any public auction having a duration of no more than
two days and conducted by an auctioneer, licensed by the Commonwealth
of Pennsylvania.
This article shall be enforced by the Borough Police department.
It shall be the duty of the Borough Police Department to investigate
any violation of this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who shall violate any provision 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 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 Adams County.
