[HISTORY: Adopted by the Borough Council of the Borough of Columbia 5-14-2007 by Ord. No. 780. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- 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.
- PERSON or PERSONS
- Individuals, partnerships, family groups, voluntary associations, limited-liability companies and corporations.
- RESIDENTIAL PREMISES
- 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.
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:
Persons selling goods pursuant to an order of process or court of competent jurisdiction;
Persons acting in accordance with their powers and duties as public officials;
Any persons selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement;
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;
Any public auction having a duration of no more than two days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania; and
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:
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.
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]
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.
All such sales may be held only between the hours of 8:00 a.m. and 4:00 p.m.
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.
Garage sales shall be limited to two per calendar year per residence.
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.