[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Providence 8-9-1976 by Ord. No. 202. Amendments noted where applicable.]
The purpose of this chapter, consistent with the Act of May 1, 1933,
P.L. 103, as amended,[1] and known as the "Second Class Township Code," is to license,
regulate and control yard sales or garage sales within residential and industrial
districts within Lower Providence Township.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
AUCTION
BOARD
GARAGE SALE
LICENSE
PERSON
SALE
YARD SALE
Definitions. Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have the meanings
herein set forth:
The sale, barter or auction, by public display and/or advertisement
by signs, handbills, circulars or word of mouth, of any items of personalty
shown on the premises of the owner, with said sale being conducted on said
premises on a specific date.
The Board of Supervisors of Lower Providence Township.
The sale, barter or auction, by public display and/or advertisement
by any signs, handbills, circulars or word of mouth, of any items of personalty
shown on the premises of the owner, with said sale being conducted on said
premises on a specific date.
The document secured from the township upon execution of application
and payment of appropriate filing fee.
Includes natural person, individuals, corporations, eleemosynary,
philanthropic, charitable or religious institutions or nonprofit corporations,
homeowner associations, unincorporated associations, partnerships and joint
ventures who are owners of real estate within the Township of Lower Providence,
their equitable owners, or any agents, servants, workmen or employees thereof
or independent contractors thereof.
Includes "yard sale," "garage sale," sidewalk sale," "auction," "rummage
sale," "attic sale," or any other activity by which a person or persons shall
display items of personalty to other persons and invite the bidding or purchase
thereof by said persons.
The sale, barter or auction, by public display and/or advertisement
by any signs, handbills, circulars or word of mouth, of any items of personalty
shown on the premises of the owner, with said sale being conducted on said
premises on a specific date.
B.
Word usage. As used herein, the masculine singular shall
include the plural and the feminine and neuter, singular and plural.
A.
License. No person shall conduct a yard sale, garage
sale or auction upon his premises or the premises of another within the Township
of Lower Providence without first obtaining a license from the Board.
B.
License fee. The per day fee for a license issued pursuant
to this chapter shall be as established by Township resolution, which fee
shall be paid in advance of the proposed sale to the Township Treasurer. All
eleemosynary, philanthropic and religious institutions, charitable corporations
and nonprofit corporations shall be exempt from payment of filing fee but
shall execute the applications as required.
[Amended 6-8-1981 by Ord.
No. 273; 6-16-2005 by Ord. No. 526]
C.
Application. For the purposes of this chapter, any person
desiring to secure a license to conduct a yard sale, garage sale or auction
shall, at least two weeks prior to the time and date set for the sale or auction,
execute with the Township Office an application for such license and pay the
fee aforesaid.
(1)
Form of application. The application shall contain the
following information:
(a)
Place of sale or auction.
(b)
Time of sale or auction.
(c)
Name of owner of property.
(d)
Name or names of persons other than owner, if any, who
will be conducting sale or auction.
(e)
Description of signs, if any, and the location thereof
within the township.
(f)
Date or dates of prior sales or auctions.
(g)
Name or names to whom license shall be issued.
(h)
Placement of signs or handbills, if any.
(i)
Designation of rain date.
(2)
Application under oath. The person requesting said license
and executing said application shall affix his signature, under oath, swearing
or affirming that the facts set forth therein are true and correct.
(3)
Processing of application. The Township Manager or, in
his absence, the Board of Supervisors of Lower Providence Township, shall
designate an employee of Lower Providence Township as follows:
(4)
Payment of license fee. The payment of the license fee
shall be due at the time the application is filed with the township and shall
be due and payable for the purpose of processing the application, irrespective
of the granting or denial of the license.
D.
Limitation of license. No person may receive more than
four licenses to conduct yard sales, garage sales or auctions on a specific
property within residentially zoned districts in Lower Providence Township
during any calendar year.
[Amended 8-4-1980 by Ord.
No. 259]
(1)
Rescheduling of sale or auction. In the event of inclement
weather or for some other reason the sale or auction shall be canceled on
the day upon which it was to occur, the sale or auction can be rescheduled
at the option of the license holder by filing a second application with the
township.
(2)
Transfer of license. No license issued by the Board shall
be transferable by the licensee to any other person, nor shall the place of
the sale or auction be changed without cancellation of the license and issuance
of a new license, upon application, to the new location.
E.
Display of license. On the day of the sale or auction,
the licensee or owner shall prominently display the license in position to
be visible in front of the premises where the sale is being conducted.
A.
Posting of handbills or signs. In the event any licensee
proposes to post signs or handbills within Lower Providence Township to advertise
the sale or auction, said licensee shall, in addition to the licensing fee
filed aforesaid, also post with the Treasurer of Lower Providence Township
cash or other surety in the sum of $50, which sum shall be returned to licensee
as soon as the township, through its duly directed employee aforesaid, satisfies
itself that the handbills and/or signs have been removed from the place or
places where posted.
B.
Restrictions on handbills or signs. Any signs or handbills
placed within the Township of Lower Providence by a licensee or by persons
on his behalf shall be subject to the following restrictions:
(1)
Time of placement. The handbills or signs shall not be
publicly placed within the township any earlier than two weeks prior to the
date scheduled for sale or auction.
(2)
Place of placement. No handbills or signs shall be placed
upon private property of another without written consent having first been
had or secured, and no sign or handbill may be posted upon the private property
of another on more than one occasion per year.
(3)
List of locations. In the event that signs or handbills
are employed by the licensee or placed by the licensee or by or on his behalf
simultaneously with the execution of the application for license and payment
of the license fee, the licensee shall provide a list of all locations within
Lower Providence Township where the handbills or signs were placed.
A.
Penalty. Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof by summary proceeding, be sentenced
to pay a fine of not more than $300 and the costs of prosecution; provided,
however, that each day's violation of any of the provisions of this chapter
shall constitute a separate offense.
B.
Equity. In addition to the penalty provisions aforesaid,
nothing herein contained shall preclude the Board of Supervisors of Lower
Providence Township from commencing, in the name of Lower Providence Township,
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 by Chapter 143, Zoning, of Lower Providence Township, as it may be amended.
In the case of all other ordinances of Lower Providence Township, with the exception of Chapter 143, Zoning, aforesaid, where there is determined to be a conflict between this chapter and other ordinances by any court of competent jurisdiction, this chapter shall prevail and be controlling.
