[HISTORY: Adopted by the Board of Commissioners
of the Township of Ridley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-16-1988 by Ord. No. 1636]
A.
PERSON
SEASONAL SALES
(1)
(2)
(a)
(b)
(c)
(d)
As used in this article, the following terms shall
have the meanings indicated:
A natural person, firm, association, corporation or partnership.
Any temporary business of selling and/or delivery
of goods, merchandise or services by any person, as defined herein,
whether as owner, agent, consignee or employee, upon any street, alley,
sidewalk or private ground within the Township of Ridley, conducted
for seasonal purposes for, or in advance of, specific yearly holidays
as provided in this article.
For the purposes of this article, "seasonal
sales" shall not include:
Any person, as defined herein, whether as owner,
agent, consignee or employee, who conducts a permanent business within
the Township; provided, however, that no such person shall be relieved
from the provisions of this article by reason of a temporary association
with any local dealer, trader, merchant or auctioneer or by conducting
such a temporary or transient business in connection with or as part
of or in the name of any local dealer, trader, merchant or auctioneer.
Any such person as defined herein, who, as part
of his permanent business, conducts a temporary sidewalk sale in an
area immediately adjacent to or contiguous to the building where his
permanent business is conducted, provided that such a sale is operated
in such a manner as to comply with any other chapters of this Code.
A person, as defined herein, exhibiting goods
for sale concurrent with or as an adjunct to a group display, meeting
or convention duly authorized to be held in a publicly owned building
and authorized and licensed pursuant to the appropriate sections of
the Code of the Township of Ridley.
A person who sells his or her own property,
which was not acquired for resale, barter or exchange, who does not
conduct such sales more than twice during any calendar year and who
has obtained the appropriate authorization, licenses and permits pursuant
to the Code of the Township of Ridley.
B.
In this article, the masculine shall include the feminine
and the neuter, the singular shall include the plural, and the plural
shall include the singular.
B.
Seasonal sales shall be limited to a period of 30
days preceding the following holiday:
(1)
Christmas.
C.
Seasonal sales shall be limited to sales of flowers,
plants, trees and arrangements of the same.
D.
Seasonal sales transactions shall not be conducted
from a motor vehicle or trailer parked upon any street or highway
or any lot or premises within the Township of Ridley, but such motor
vehicle or trailer may be used for the storage of supplies or goods
to be sold.
E.
Seasonal sales shall not be conducted at any time
before 8:00 a.m. or after 10:00 p.m. on any day.
F.
No peddler, hawker or vendor of seasonal sales shall
shout or otherwise cry or advertise his wares in any matter which
disturbs the peace and quiet of the neighborhood.
G.
The total area of all signs used in connection with
seasonal sales may not exceed 16 square feet, and all use of any off-premises
or illuminated signs for such purposes is hereby prohibited.
H.
The sales display area must be located in such a manner
as to allow at least 12 feet of pedestrian walk between the edge of
the street and the sales display area.
[Amended 10-25-2000 by Ord. No. 1808]
Any person who desires to engage in seasonal
sales as defined herein shall be required to register with the Code
Enforcement Officer of the Township of Ridley to pay a registration
fee as set from time to time by resolution of the Board of Commissioners
per season per place of business located in the Township of Ridley.
A.
The applicant must complete and file an application
in writing, signed and verified by the applicant, under penalty of
perjury, which application shall set forth:
(1)
A detailed description of the kind and character of
the business to be licensed, including a detailed statement of the
merchandise to be sold or for which orders are to be solicited.
(2)
The name and address of the person who owns and/or
operates the business to be licensed.
(3)
A written confirmation, from the owner of the property
to be used in connection with the seasonal sales, guaranteeing permission
to the seller to use the property for such use.
(4)
A detailed description of the location or locations
at which the business is to be operated, including a plan showing
in square feet the area at the site to be devoted for the exclusive
use of the applicant's customers, as well as all required parking
spaces.
(5)
At least three personal references as to the applicant's
character, honesty and integrity.
(6)
At least three business references as to the quality
of merchandise and the reliability of the manufacturer, jobber or
seller.
B.
The applicant must give to the Township a certificate
of insurance providing for minimum coverage in the amount as set from
time to time by resolution of the Board of Commissioners for bodily
injury and for property damage.
[Amended 10-25-2000 by Ord. No. 1808]
C.
The applicant must give to the Township a refundable
escrow deposit in an amount as set from time to time by resolution
of the Board of Commissioners to guarantee the cleanup and restoration
of the sales site to its preuse condition with such deposit to be
returned within two weeks following the completion of such cleanup.
In the event that the applicant fails to complete such cleanup, the
Township may cause the same to be done and apply the escrow deposit
to the cost thereof, as well as collect any additional cost together
with a penalty of 10% of such cost in the manner provided by law for
the collection of municipal claims, or by action of assumpsit without
the filing of a municipal claim, with both the seasonal seller and
the property owner held to be jointly and severally liable for such
costs.
[Amended 7-24-1991 by Ord. No. 1677; 10-25-2000 by Ord. No. 1808]
D.
The Code Enforcement Officer shall refer all such
applications to the Captain of Police of the Township of Ridley for
a determination as to whether the proposed seasonal business operation
would constitute a traffic safety hazard because of any increased
parking or highway traffic congestion it is likely to create.
It shall be permissible for nonprofit and charitable organizations, upon prior notification to the Department of Code Enforcement and upon compliance with the other provisions of this article, to engage in seasonal sales, as defined herein, and be exempt from the registration fee prescribed in § 228-3.
A.
Upon receipt of such application and the prescribed
fee, the Code Enforcement Officer, if he shall find such application
in order, shall issue the license required under this article, but
no such license shall be issued if:
(1)
The Captain of Police has determined that the proposed
seasonal business operation will create a traffic safety hazard; and/or
B.
In the event that it is determined that any of the
information supplied by the applicant has been falsified, or if in
the event that the applicant violates any other provision of this
article while operating his seasonal sales business, the Code Enforcement
Officer shall revoke the previously issued license. In case of any
such revocation, the Code Enforcement Officer shall notify the applicant
in writing.
C.
Every license holder shall display such license at
the location or locations where he shall engage in such business and
shall exhibit such license, upon request, to all police officers,
Township officials and citizens of the Township and customers.
D.
If aggrieved by the Code Enforcement Officer's refusal
to issue and license the applicant or the Code Enforcement Officer's
subsequent revocation of such license, the applicant may appeal, in
writing, to the Board of Commissioners of the Township of Ridley within
10 days after such refusal or revocation or 30 days after filing his
application, whichever is sooner; and the Commissioners shall thereupon
afford them an opportunity for hearing, after which hearing the Commissioners
may sustain the Code Enforcement's Officer refusal or revocation or
direct the Code Enforcement Officer to issue a license.
[Amended 10-25-2000 by Ord. No. 1808]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof by any District Justice,
be sentenced to pay a fine of not less than $100 nor more than $1,000,
together with the costs of prosecution, and each day a violation exists
shall constitute a separate offense. Where there are multiple locations
being operated under a single license and the same violation occurs
at each location, then each violation shall constitute a separate
offense. In default of the payment of the fine, the defendant shall
be sentenced to jail for a period not exceeding 30 days.
[Adopted 6-24-2015 by Ord. No. 2019]
As used in this article, the following terms shall have the
meanings indicated:
An individual certified by the Commonwealth of Pennsylvania
and appointed by a municipality to act as a chief code enforcement
official.
An individual appointed by a municipality and charged with
the administration and enforcement of local Township ordinances other
than the Zoning Ordinance.
Individuals, partnerships, family groups, voluntary associations
and corporations.
Property which is owned, used and maintained by an individual
or members of a residence. It does not include merchandise which was
purchased for resale or obtained on consignment or by donation.
The sale or offering for sale of new, used or secondhand
items of personal property at any residential premises. 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," or any similar casual sale of tangible
personal property. (This definition shall not include a sale where
no more than four specific items are held out for sale and where all
advertisement of such sale specifically names those items to be sold.)
An individual appointed by a municipality and charged with
the administration and enforcement of the local zoning ordinance.
A.
Participants shall register the sale by contacting the Township office
at least 24 hours in advance and providing the following required
information: name, address, date of sale, telephone number, and e-mail
address, if available.
B.
It shall be unlawful for a person to participate in more than two
yard sales in any one calendar year.
C.
Not more than two yard sales shall be allowed to be conducted on
any one premises in any one calendar year.
D.
Third sale permitted. A third yard sale may be permitted within a
calendar year if satisfactory proof of a bona fide change of ownership
of the real property is first presented to the Zoning Officer.
E.
It shall be unlawful to conduct any yard sale with a duration exceeding
two consecutive days.
F.
A person must affirm by statement that the property to be sold was
owned by the person as his/her own personal property and was neither
acquired nor consigned nor donated for the purpose of resale, except
for community yard sales by bona fide civic or nonprofit groups.
It shall be unlawful for any person to sell or offer for sale,
under authority granted by this article, property other than personal
property at a yard sale.
Such yard sales shall be limited in time to no more than the
daylight hours of two consecutive days, but not before 8:00 a.m. nor
after 6:00 p.m.
If a yard sale is not held on the original scheduled dates or
is terminated only during the first day of the sale because of inclement
weather conditions and an affidavit by the participant to this effect
is submitted, the Zoning Officer may allow for a yard sale to be conducted
at the same location within 30 days from the date when the first sale
was to be held.
Personal property offered for sale may be displayed in a yard,
upon a lawn, in a carport, upon a porch or patio or within a yard,
but only in such areas. No personal property offered for sale at a
yard sale shall be displayed in any public right-of-way.
A.
Signs permitted. Only the following specified signs may be displayed
in relation to a pending yard sale:
(1)
Announcement signs. Two signs of not more than four square feet each
are permitted to be displayed on the property of the residence where
the yard sale is being conducted.
(2)
Directional signs. Two signs of not more than three square feet each
are permitted when written permission to erect said signs is received
from the property owners on whose property such signs are to be posted.
B.
Time limitations. No sign or other form of advertisement shall be
exhibited for more than two days prior to the day such sale is to
commence.
C.
Removal of signs. All signs must be removed each day at the close
of the yard sale activities or by the end of daylight, whichever first
occurs.
The stopping or parking of motor vehicles shall be conducted
in compliance with all applicable laws and ordinances. Further, the
Police Department may enforce such temporary controls to alleviate
any special hazards and/or congestion created by any yard sale.
This article shall not be applicable to:
A.
Persons selling goods pursuant to an order of process or a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any person selling or advertising for sale an item or items of personal
property (four or less) which are specifically named or described
in the advertisement.
D.
Any publisher of a newspaper, magazine or other publication or other
communications media which publishes or broadcasts anything in good
faith without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this article have not
been met.
E.
Any sale conducted by any legitimate business or commercial or industrial
establishment upon property zoned under the zoning regulations of
the Township of Ridley, 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 and statutes of the Commonwealth
of Pennsylvania and ordinances of the Township of Ridley, including
this article.
F.
Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.
A.
The provisions of this article shall be enforced by the Zoning Officer/Building
Code Official, Code Enforcement Officer or any Township police officer,
and it shall be their duty to investigate and prosecute any violation
of this article.
C.
Failure to register a prior yard sale will prevent an individual
from future sales for a period of one year from the date of violation.
The person conducting the yard sale and the owner, tenant or
occupant of the premises where the yard 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 yard sale
or activity.
A.
No such person shall permit any loud and 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 yard sale
is being conducted.
B.
In the event of any emergency, all such persons shall obey reasonable
orders from any member of the Police Department or authorized fire/rescue
personnel in order to maintain the public health, safety and welfare.
Any person violating any provision of this article shall, upon
conviction thereof, be guilty of a summary offense and shall be subject
to a fine of not more than $300, in addition to the costs of prosecution,
and, in default of payment thereof, to imprisonment for a term not
to exceed 30 days. Every day that a violation of this article continues
shall constitute a separate offense.
