[HISTORY: Adopted by the Board of Supervisors of the Township of
Hanover 3-14-2006 by Ord. No. 06-04. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 185.
This chapter shall be known and may be cited as "The Hanover Township
Garage Sale Ordinance."
The rules and regulations as set forth in this chapter are designed
to control and restrict garage 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 where this
activity is carried on and with the Zoning Ordinance of Hanover Township.[1] The intent of this chapter is to eliminate repeated, perpetual,
prolonged and extended garage sales in residential areas. Such sales, if carried
on indefinitely or repetitively, tend to become retail businesses in residential
areas and zones, create a nuisance, and violate the zoning regulations of
the Township. The provisions of this chapter arise from the need to limit,
regulate, restrict and control garage sales. It is not the intent of this
chapter to change or amend the zoning laws or transient business laws of the
Township.
The following words, as used in this chapter, shall have the meanings
respectively ascribed thereto:
The sale or offering for sale of five or more new, used or secondhand
items of personal property at any one residential premises at any one time,
regardless if such sale or display is indoors or outdoors. Includes 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," "moving 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. Charitable nonprofit institutions, educational, cultural,
or governmental institutions or organizations shall not be defined as persons
under this chapter and thus this chapter shall have no application to the
same.
All residential dwellings located within any type of zone, zoned
area, zoning district, whether or not said areas or zones are residential,
business, commercial or otherwise, within the geographic boundaries of Hanover
Township.
It shall be unlawful for any person to conduct a garage sale within
the geographic boundaries of Hanover Township without first obtaining a garage
sale permit from the Township after filing an application containing the information
hereinafter specified.
A.
An applicant for a garage sale permit shall provide the
following information on a written application provided by the Township Zoning
Officer:
(1)
The name and address of the applicant;
(2)
The name or names of persons other than the applicants,
if any, who will be conducting the sale;
(3)
The date of the proposed sale;
(4)
The date and nature of the most recent past sale;
(5)
The location of the sale site;
(6)
A statement affirming that the goods to be sold belong
to the applicant or his household and that said goods have not been purchased
or obtained solely for the sale.
B.
Any person who furnishes false information on an application
for a garage sale permit is in violation of this chapter and shall be subjected
to the penalties hereinafter set forth.
C.
The permit fee for any permit to be issued in accordance
with this chapter shall be established by the Board of Supervisors and shall
be included in its schedule of fees.
D.
Issuance. Upon payment of the permit fee set forth above
and upon determination by the Zoning Officer of the Township that the application
meets all the requirements of this chapter, the Zoning Officer shall issue
the permit.
E.
Duration. A permit issued pursuant to the terms of this
chapter shall be valid only for two consecutive days. No more than two permits
shall be issued per calendar year per residential property, except no limitations
shall apply to a sale for the purpose of settling an estate.
It shall be unlawful for persons to hold a garage sale on property other
than their own residential property.
No garage sale shall be conducted between the hours of 8:00 p.m. and
8:00 a.m.
A.
No garage sale shall encroach on a public right-of-way,
sidewalk, street or alley.
B.
At all times, the applicant shall be responsible for
the maintenance of good order and decorum on the premises during the hours
of such sale or activity and shall be responsible for removing debris, garbage
and litter from the premises and from surrounding public places following
the sale.
Each applicant shall be allowed to place a sign no larger than two feet
by two feet on his residential property to identify the garage sale. Such
signs shall not be placed upon the property prior to 24 hours before the sale,
and said sign must be removed from said property within 24 hours after said
sale. Signs shall not be placed outside the person's residential property.
This chapter shall be enforced by the Zoning Officer and Code Enforcement
Officer.
A.
Any person who shall fail, neglect or refuse to comply
with any provision of this chapter, as may be amended from time to time, shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be sentenced to pay a fine not to exceed $500 or 90 days
imprisonment, or both.
B.
Each day that the violation continues shall constitute
a separate offense.
