[Ord. 77, 3/27/1984]
As used in this Part:
A natural person or individual, organization, association,
business enterprise, corporation, partnership or other entity.
A sale, open to the public, of new or used or previously
owned goods, wares and merchandise, held on vacant property or in
the garage, or on the lawn, yard, porch or patio of the residence
of the person who obtains a permit for the sale as provided by this
Part.
The singular shall include the plural, the plural shall include
the singular, and the masculine shall include the feminine.
[Ord. 77, 3/27/1984; as amended by Ord. 128, 4/26/1994]
Application for the permit for a sale shall be made to the Township
Secretary or Zoning Officer by the person at whose residence the sale
is to be held, and shall state: the name of applicant; the location
of the proposed sale; and the day or days on which the sale is to
be held (as well as the names and resident addresses of all other
persons who are to contribute goods, wares, merchandise or service
to the sale). The Secretary or Zoning Officer shall issue the permit
to the applicant, after the applicant shall have paid to the Township
Secretary or Zoning Officer the permit fee in such amount as established,
from time to time, by resolution of the Board of Supervisors, which
shall be for the use of the Township. Provided; in any calendar year,
no more than two permits shall be issued under this Part to the same
person, and no more than two sales shall be held from any one location
in any calendar year.
[Ord. 77, 3/27/1984]
Every permit shall be issued under the following conditions,
and any failure to comply with any condition shall comprise a violation
of this Part, and shall entitle the Township Secretary or Zoning Officer
to declare the permit revoked, without refund of any part of the permit
fee to the holder:
1.
The sale
shall be held at the location stated in the permit.
2.
The permit
shall be valid for the two consecutive days stated on the permit,
except that the permit may specify one or two alternate “rain
dates” in case of inclement weather on one or two, as the case
may be, of the dates first specified on the permit.
3.
No more
than three families or householders may participate in the sale by
furnishing goods, wares or merchandise for sale, and/or by engaging
in the sale of the goods, wares and merchandise.
4.
No sale
shall commence before 9:00 a.m. or end after 7:00 p.m. on any day.
5.
No refreshments
may be served or sold at the sale; or music, games or other entertainment
or activities may be conducted at the time, when and place where the
sale is held; and there shall be no unnecessary or excessive noise.
6.
Since the sale is temporary in nature and permissible in residence districts where Commercial activities are not permitted, the sale shall be limited to possession of the holder of the permit (and the other families and householders' referred to in Subsection 3 of this section). It shall be unlawful to engage or employ any individual, organization or other entity to plan, arrange, conduct, promote or supervise the sale.
7.
The applicant
must exhibit the permit at the time of sale in full view of the public
at all times.
8.
No notice,
advertisement or directional sign pertaining to a sale may be placed
or posted: (a) on any utility pole or any post or pole used for traffic
or parking signs, signals or meters; (b) on the surface of any street,
curb or sidewalk; or (c) without permission of the owner or occupant
of the property, anywhere on private property. Upon conclusion of
the time stated in the permit for holding of a sale, the holder of
the permit shall remove and take away all such notices, advertisements
and directional sales not previously removed and taken away; (d) no
more than three directional signs containing a maximum of four square
feet each shall be permitted.
9.
None of
the following may be sold or offered for sale: (a) food or edible
items; (b) anything for which a separate license is required by law
or by Federal, State or municipal regulations; (c) anything of an
explosive, poisonous or dangerous nature.
[Ord. 77, 3/27/1984]
Special sales sponsored or conducted by the merchants of the
Township of Smithfield shall be excluded from the provisions of this
Part, provided prior approval of said sale is obtained from the Township
Supervisors.
[Ord. 77, 3/27/1984; as amended by Ord. 128, 4/26/1994; and by Ord. 141, 4/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
