[HISTORY: Adopted by the Borough Council
of the Borough of Columbia 5-14-2007 by Ord. No. 780. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
This chapter shall be known and cited as the
"Garage and Yard Sale Ordinance."
The Borough Council of the Borough of Columbia
is adopting and promulgating this chapter to control and restrict
garage and yard sales in order to protect the public health, safety
and convenience and to restrict such sales to casual and occasional
occurrences only, in keeping with the character of the neighborhoods
where these types of activities are typically carried on. The intent
of this chapter is to eliminate perpetual, prolonged and extended
garage and yard sales.
A.
GARAGE SALE
GOODS
MUNICIPALITY
PERSON or PERSONS
RESIDENTIAL PREMISES
As used in this chapter, the following terms shall
have the meanings indicated:
The sale or offering for sale of new, used, or secondhand
items of personal property at any one residential premises at any
one time. Included in this definition are all sales in residential
areas which may be entitled "garage sale," "yard sale," "tag sale,"
"porch sale," "lawn sale," "attic sale," "basement sale," "rummage
sale," "flea market 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.
The Borough of Columbia.
Individuals, partnerships, family groups, voluntary associations,
limited-liability companies and corporations.
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 geographical
boundaries of the Borough of Columbia.
B.
In this chapter the singular shall include the plural,
the plural shall include the singular and the masculine shall include
the feminine and the neuter.
This chapter shall not be applicable to:
A.
Persons selling goods pursuant to an order of process
or court of competent jurisdiction;
B.
Persons acting in accordance with their powers and
duties as public officials;
C.
Any persons selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement;
D.
Any sale conducted by any legitimate business or commercial
or industrial establishment on properties owned under the zoning regulations
of the Borough of Columbia with or without the protection of the nonconforming
use section of the zoning laws, or any sale conducted by any other
vendor or dealer when the sale is conducted in a properly zoned area
and not otherwise prohibited by laws of the Commonwealth of Pennsylvania
and ordinances of the Borough of Columbia, including this chapter;
E.
Any public auction having a duration of no more than
two days and conducted by an auctioneer, licensed by the Commonwealth
of Pennsylvania; and
F.
Sales by a bona fide charitable, educational, cultural
or governmental institution, civic group, service club, religious
or fraternal society or other tax-exempt organization; provided, however,
that the burden of proof to establish the exemption under this subsection
shall be on the organization or institution claiming such exemption.
The person conducting the sale and the owner,
tenant or occupant of the premises where the sale or activity is conducted
shall be jointly or severally responsible for the maintenance of good
order and decorum on the premises during the hours of such sale or
activity. Additionally, the following limitations on conduct of persons
holding garage sales shall be complied with:
A.
No such person shall permit any loud or boisterous
conduct on such premises or permit vehicles to impede the passage
of the traffic on any roads or streets in the area of the premises
where the sale is being conducted.
B.
In the event of an emergency, all such persons shall
obey reasonable orders from any member of the Police Department or
the Columbia Borough Fire Department in order to maintain the public
health, safety and convenience.
[Amended 10-22-2019 by Ord. No. 918]
C.
Items to be sold at garage sales must belong solely
to the household where the sale is held. It shall be unlawful to bring
in and sell goods belonging to others or to purchase items specifically
to sell at a garage sale, with the exception of such sales conducted
on behalf of charitable or service organizations.
D.
All such sales may be held only between the hours
of 8:00 a.m. and 4:00 p.m.
E.
Only one four-square-foot sign shall be permitted
advertising the sale. Such sign shall be located upon the premises
where the sale occurs and shall be removed promptly upon the completion
of the sale.
F.
Garage sales shall be limited to two per calendar
year per residence.
G.
No garage sale shall extend beyond a two-day period.
This chapter shall be enforced by the police
officers, Zoning Officer, and Code Officers of the Borough of Columbia
and it shall be their duty to investigate and prosecute, at their
discretion, any violation of this chapter. If a violation is found
to exist, such officers may prosecute a complaint before the District
Justice pursuant to provisions of this chapter and/or may take any
such other action allowable by law.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine not to exceed $600 plus court costs and/or 30 days in jail. Prosecutions
hereunder shall be commenced by summary citation.
