[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 9-6-1977 by Ord. No. 190 (Ch. 94 of the 1990 Code). Amendments noted where applicable.]
This chapter shall be known as the "Yard Sale and Garage Sale Ordinance."
The purpose of this chapter, consistent with the Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended,[1] is to license, regulate and control yard sales or garage sales within residential and industrial districts within Upper Providence Township.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein set forth:
BOARD
The Board of Supervisors.
PERSON
Includes natural persons, individuals, corporations, eleemosynary, philanthropic, charitable or religious institutions or nonprofit corporations, homeowners' associations, unincorporated associations, partnerships and joint ventures, who or which are owners of real estate within the township, their equitable owners or any agents, servants, workmen or employees thereof or independent contractors thereof.
SALE
Includes yard sale, garage sale, sidewalk sale, auction, rummage sale, attic sale or any other activity by which a person or persons not engaged in such sales as a commercial activity shall display items of personalty to other persons and invite the bidding or purchase thereof by said persons.[1]
[1]
Editor's Note: Original § 94-4 of the 1990 Code, Signs and handbills, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall conduct more than two sales on a specific property within residentially zoned districts in the Township during any calendar year.
A. 
Penalty. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended 9-17-1990 by Ord. No. 301; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Equity. In addition to the penalty provisions aforesaid, nothing herein contained shall preclude the Board of Supervisors of Upper Providence Township, in an action within the Court of Common Pleas of Montgomery County or such other court as may be deemed appropriate, seeking to enjoin any person from violating the terms of this chapter or any portion thereof or seeking to abate a nuisance.
Nothing herein contained shall be construed to enlarge the uses permitted within Chapter 300, Zoning, as it may be amended.