This chapter will be known as the "Yard Sale Permit and Regulation Ordinance."
[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 9-16-2002 by Ord. No. 9-2002. Amendments noted where applicable.]
The rules and regulations set forth herein are designed to control and restrict 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 wherein this activity is carried on and in compliance with the Zoning Ordinance of the Township of Colebrookdale, Berks County, Pennsylvania.[1] The intent of this chapter is to eliminate unregulated, recurrent, prolonged and extended yard sales in residential areas and to maintain regulatory powers over yard sales in all areas. Such sales, if continued indefinitely, tend to take on the nature of a retail business in residential areas and zones, create a nuisance, and often violate the zoning regulations of this Township. The provisions of this chapter arise from the need to limit, restrict and control yard sales. It is not the intent of this chapter to change or amend the Zoning Ordinance or any other ordinances within the Township of Colebrookdale that may, in any manner or fashion, regulate businesses.
As used in this chapter, the following terms are defined as set forth below:
Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.
An individual family or a group of individuals residing together in a single-family dwelling unit.
A form that must be obtained completed, paid for and submitted along with the respective fee to the Secretary of the Township of Colebrookdale prior to conducting a yard sale.
An individual, partnership, household, or corporation.
A property occupied by a dwelling used for residential purposes within the Township of Colebrookdale, regardless of whether the property is actually situate in a residential, commercial, industrial, or quarry zoning district.
The Township of Colebrookdale, Berks County, Pennsylvania.
The sale or offering for sale to the public of any goods, or property of any nature whatsoever, by a person(s) not otherwise regularly engaged in a lawful business involving the sale of real and/or personal property at the site where the sale is being conducted. The term includes, but is not limited to, all sales in residential areas referred to as yard sales, garage sales, tag sales, porch sales, lawn sales, attic sales, basement sales, rummage sales, flee market sales, or any other similar or casual sale of tangible personal property. The term does not include public auctions conducted by a person or company regularly engaged in the business of holding public auctions of real and/or personal property. The term does not include the occasional sale of a single item of personal property or of a motor vehicle.
A.
It shall be unlawful for any person to conduct a yard sale as defined herein or permit a yard sale to be held within the Township of Colebrookdale on residential property under the individual group or corporation's control without first obtaining a yard sale permit from the Township.
B.
Any individual group or corporation conducting a yard sale within the Township, or any individual group or corporation posting advertisements within the Township limits for a yard sale to be held inside or outside the Township limits will remove, from within the Township right-of-way all signs, flyers, posters and bulletins no later than one day after the yard sale. Should the yard sale for any reason not be held, all signs, flyers, posters and bulletins advertising the yard sale must be removed no later than the scheduled last day for the yard sale.
A.
No more than four yard sales are permissible per household in any calendar-year period.
B.
The maximum duration of any yard sale will be three consecutive calendar days.
C.
The approved yard sale must be held within 15 days of the issuance of the permit for the yard sale.
D.
In the case of a multiple-household (or multiple-person) yard sale, each household or person participating in the yard sale will be charged with having used one of their four permissible sales for the calendar year.
It will be unlawful for any person to conduct a yard sale within the geographic boundaries of the Township of Colebrookdale without first obtaining a yard sale permit from the Township after filing the appropriate application therefor.
A.
The fee for each permit issued to a household will be $5.
B.
In the case of a multiple-household (or multiple-person) yard sale, each household or person participating in the yard sale must obtain a yard sale permit from the Township prior to the sale.
C.
All permit fees will be made payable to the Township of Colebrookdale and shall be paid prior to the issuance of a yard sale permit.
D.
Nonprofit organizations and charitable organizations may obtain two yard sale permits in any twelve-month period without payment of a fee, upon satisfactory proof of the organization holds nonprofit or charitable status.
A.
This chapter will be enforced by the Township Code Enforcement Officer and it will be the duty of that officer to investigate and prosecute any violation of this chapter.
B.
If after investigation, a violation is found to exist, the Code Enforcement Officer will file and prosecute a complaint against the person conducting a yard sale in violation of the terms of this chapter before the Magisterial District Judge serving the Township of Colebrookdale.
C.
The person to whom the yard sale permit was issued, and/or the person conducting the yard sale, and/or the owner, tenant or occupant of the premises where the sale or activity is conducted will be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity. In that regard:
(1)
No person will permit any loud or boisterous conduct on such premises or street 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 will obey reasonable orders from any members from the Police Department or Fire Company or any emergency or rescue departments to maintain the public health, safety and convenience.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.
All ordinances or parts of an ordinance which are inconsistent herewith are hereby repealed.
If any provision, sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity will not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared to be the intent of the Township of Colebrookdale that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part been included herein.
This chapter will be effective in accordance with the law and will take effect immediately upon its enactment.