This chapter shall be known as the "Ordinance Regulating and Restricting Garage Sales."
[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland 7-2-2014 by Ord. No. 673. Amendments noted where applicable.]
The Council of the Borough of New Cumberland desires to control and restrict garage sales in order to protect the public health, safely 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 Laws[1] of the Borough of New Cumberland. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Perpetual, prolonged and extended garage or yard sales, if carried indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Borough of New Cumberland. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales.
As used in this chapter, the following terms shall have the meanings indicted:
Includes all residential dwellings located within any type of zone, zoned areas, zoning districts, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Borough of New Cumberland.
The sale or offering for sale of any new, used or secondhand items of personal property at any one residential premises at any one time.
The term "garage sales" as set forth and referenced in this chapter shall include all sales in residential areas entitled "garage sale," "yard sale," "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.
Individuals, partnerships, family groups, voluntary associations and corporations.
A.
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Borough of New Cumberland without first obtaining a garage sale license from the Borough Office after filing an application containing the information hereinafter specified.
B.
The first garage sale license issued to any one person or for any one specific premises or location within one twelve-month period shall be issued without charge. For the second such license issued in any twelve-month period, there shall be a nonrefundable fee for such license in the amount of $10.
C.
Such license shall be issued to one person or for one specific premises or location only one time within a two-week period. No more than two licenses for garage sales shall be issued for the same premises or to the same person in any twelve-month period.
D.
No license shall be issued for a garage sale for longer than two consecutive days.
E.
Each license issued under this chapter must be prominently displayed on the garage sale premises throughout the entire period of the licensed sale and must be exhibited to any Borough Officer or Policeman upon request.
An application for a garage sale license permit pursuant to this chapter shall include the following information:
A.
The name of the person, persons, firm, group, corporation, association or organization conducting the sale.
B.
The name of the owner and the occupant or tenant of the property on which the sale is to be conducted.
C.
The consent of the owner and/or occupant to hold the sale if the applicant is other than owner or occupant.
D.
The location, street address, etc., of the premises where the sale is to be conducted.
E.
The number of days of the sale, limited to two consecutive days, and the date or dates of such sale.
F.
The date and nature of any past sales held by the same applicant or on the same premises in the last twelve-month period.
G.
The relationship or connection the applicant may have with any person, etc., conducting such sale.
H.
The application shall contain an affirmative or sworn statement by the applicant or person securing the application that the information given is full and complete and known by the applicant to the best of his knowledge to be so.
All garage sales held pursuant to these provisions shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., only on the day or days for which the license was issued.
A.
Garage sales may be advertised through the newspapers or other media.
B.
A sign no larger in size than two-by-two feet may be installed on the property where the sale is being conducted. In addition, no more than two other directional signs no larger in size than two-by-two feet may be installed on private property with the permission of said property owner. The signs may be displayed only 24 hours prior to the date of the sale and shall be removed within 24 hours after the sale is concluded.
C.
No sign or other display advertising the sale shall be placed on the public right-of-way. No lighted or illuminated signs shall be used. No signs shall be permitted which are pasted, stapled, nailed, or otherwise permanently attached to public utility poles or trees within the right-of-way of any street.
This chapter 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 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 chapter have not been complied with.
D.
Any sale conducted by any legitimate business or commercial or industrial establishment, property zoned under the zoning regulations of the Borough of New Cumberland and any other sale conducted by a business or commercial or industrial establishment under the protection of the nonconforming use section of the zoning laws, or by any other vendor, dealer, etc., when the sale is conducted in a properly zoned area and not otherwise prohibited by the laws and ordinances of the Borough of New Cumberland and Commonwealth of Pennsylvania or this chapter.
E.
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 of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
F.
Any public auction conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania, having a duration of no more than two days.
A.
This chapter shall be enforced by the New Cumberland Police Department.
B.
It shall be the duty of the Police Department to investigate any violation of this chapter coming to its attention, whether by complaint or arising from its own personal knowledge.
C.
If after investigation a violation is found to exist, the Police Department shall prosecute a complaint before a Magisterial District Judge pursuant to the provisions of this chapter.
D.
The person to whom the garage sale license was issued and the person conducting the sale and the owner, tenant or occupant of the premises where the sale or activity is conducted shall be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity.
(1)
No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of the traffic on any roads or streets in the area of the premises where the sale is being conducted.
(2)
In the event of an emergency, all such persons shall obey reasonable orders from any member of the New Cumberland Police Department or the New Cumberland Fire Department in order to maintain the public health, safety and convenience.
Any person, firm, association, corporation or other entity conducting any such sale or similar activity, without being properly licensed therefor, or who shall violate or fail to comply with any provisions adopted pursuant to this chapter or any other rules, terms, regulations or provisions adopted pursuant to this chapter or making any false statement on any application provided for herein shall be deemed to be in violation and the violator(s) shall be liable for a fine not less than $25 nor more than $100, and each day that such sale or violation continues without being duly licensed shall be considered and shall constitute a separate violation.
It is not the intention of this chapter to change or amend the zoning laws, hawking and peddling laws and/or any other laws or ordinances of the Borough of New Cumberland.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Ordinance Nos. 472 and 473 are hereby repealed.
This chapter shall become effective immediately upon adoption.