[HISTORY: Adopted by the City Council of
the City of Lackawanna 8-11-2003. Amendments noted where applicable.]
It shall be unlawful for any person or persons
to conduct a garage sale in the City of Lackawanna without first complying
with the regulations set forth herein.
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 one or more residential premises
at any one time.
Includes all sales entitled "garage sale," "lawn
sale," "attic sale," "rummage sale," or "flea market sale," or any
similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of
said sale.
Includes individuals, partnerships, voluntary associations
and corporations.
A.
Garage sales in the City of Lackawanna shall be regulated
in the following manner:
(1)
Merchandise. Garage sales shall offer only used, unwanted
items of personal property owned by the resident of the property where
the sale is held. No new merchandise shall be offered for sale nor
may new merchandise from other sources be brought in and offered for
sale.
(2)
Hours. Garage sales may be held during daylight hours
only.
(3)
Limitation on number and duration of sales. No person
shall conduct more than three garage sales on his/her premises in
any one calendar year. Such sales may not extend for a period of more
than three days.
(4)
No premises may be used and no person may participate
in a garage sale held on more than two consecutive weekends.
(5)
No signs advertising a garage sale are allowed on
the City right-of-way in front of any house or building. Any other
signs, solely on the owner’s property, must be removed no later
than one day after the sale. No garage sale signs shall be posted
within the front area of the premises which constitutes the City’s
right-of-way or on the City’s right-of-way in any other areas
of the City advertising said sale, and no garage sale signs shall
be placed on any poles, light standards, fire hydrants or any other
type of object within the City’s right-of-way.
[Amended 6-24-2008]
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and
duties as a public official.
C.
Any person selling or advertising for sale any item
or items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed five in
number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been complied with.
E.
Any sale conducted by any merchant or mercantile or
other business establishment from or at a place of business wherein
such sale would be permitted by the zoning regulations of the City
of Lackawanna or under the protection of the nonconforming use section
thereof or any sale conducted by a manufacturer, dealer or vendor
and which sale would be conducted from properly zoned premises and
not otherwise prohibited.
A.
This chapter shall be enforced by the Police Department
and/or the Building Inspector/Code Enforcement Officer.
B.
The owner or tenant of the premises on which such
sale or activity is conducted shall be jointly and severally responsible
for the maintenance of good order and decorum on the premises during
all hours of such sale or activity. No such person shall permit loud
or boisterous conduct on said premises nor permit vehicles to impede
the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the reasonable orders of any
member of the Police Department or Fire Department of the City of
Lackawanna in order to maintain the public health, safety and welfare.
Any person, association or corporation conducting
any such sale or similar activity who shall violate any of the terms
and regulations of this chapter shall, upon conviction, be fined not
less than $25 nor more than $100 or be imprisoned for a period not
to exceed 10 days for each violation.
