[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna 5-20-1996 by Ord. No. 380. Amendments noted where applicable.]
GENERAL REFERENCES
Transient retail merchants — See Ch. 101, Art. I.
Zoning — See Ch. 155.
This chapter shall be known as the "Tobyhanna Township Lawn, Yard, Garage, Tag and Estate Sale, Bazaar, Fair and Festival Ordinance."
The Board of Supervisors of Tobyhanna Township, by authority granted to it as specified by the Act of May 1, 1933, reenacted and amended November 9, 1995, and the Second Class Township Code, Section 1601(c),[1] of December 31, 1995, hereby enacts this chapter.
[1]
Editor's Note: See 53 P.S. § 66601.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section as follows:
LAWN, YARD, GARAGE, TAG AND ESTATE SALE AND BAZAAR, FESTIVAL AND FAIR
A sale, open to the public, of new, used or previously owned personal property, including but not limited to goods, wares, merchandise and clothing, held on vacant property or on the lawn, yard, porch, patio or in the garage or residence, or in the principal or outbuilding, of the person who obtains a permit for such a sale as provided by this chapter.
PERSON
Any natural person or persons, associations, partnerships, firm, corporation or other entity.
[Amended 3-15-2021 by Ord. No. 562]
A. 
No person shall cause or permit any lawn, yard or garage sale, estate auction, tag sale, estate sale, bazaar, festival or fair to take place upon any property owned by such person without there being first issued a permit therefor. Application for such permit shall be made to Tobyhanna Township by the person at whose residence or property such sale shall be held; and such application shall be in writing on forms furnished by Tobyhanna Township. Such permit shall be issued by Tobyhanna Township upon the filing of an application, together with the required fee. Permit fees shall be as determined from time to time by resolution of the Township Supervisors.
B. 
Not more than two permits shall be issued under this chapter to the same person in any one calendar year, and not more than two sales shall be held from any one location in any one calendar year for lawn, yard, garage, tag, and estate sales. A maximum of two permits per annum shall be issued per nonprofit organization to conduct bazaars, festivals, and fairs in the Township.
[Amended 3-15-2021 by Ord. No. 562]
Every permit issued pursuant to this chapter shall be subject to the conditions as hereinafter set forth, and failure to comply with any condition as mandated by this chapter shall constitute a violation of the permit and shall entitle Tobyhanna Township to declare the permit revoked, and without any refund of any part of the permit fee to the holder.
A. 
The sale shall be held at the location stated in the application and on the permit.
B. 
The permit shall be valid for three consecutive days, as stated on the permit, except that the permit may specify one or two alternate "rain dates" in case of inclement weather on one or two days, as the case may be, of the dates first specified on the permit.
C. 
No more than three families or households may participate in the sale by furnishing personal property for sale and/or by engaging in the sale of personal property.
D. 
No sale shall commence before 9:00 a.m. or continue after 7:00 p.m., prevailing time, on any day.
E. 
No music, game or other entertainment or activities may be conducted at the time when and the place where the sale is held, and there shall be no unnecessary or excessive noise.
[Amended 3-15-2021 by Ord. No. 562]
Every permit issued pursuant to this chapter shall be subject to the conditions as hereinafter set forth, and failure to comply with any condition shall constitute a violation of this chapter and shall entitle Tobyhanna Township to declare the permit revoked, and without any refund of any part of the permit fee to the holder.
A. 
The sale shall be held at the location stated in the application and on the permit.
B. 
The permit shall be valid for seven consecutive days, as stated on the permit, except that the permit may specify one or two alternate "rain dates" in case of inclement weather on one or two, as the case may be, of the dates first specified on the permit.
C. 
No sale shall commence before 9:00 a.m. or continue after 11:00 p.m., prevailing time, on any day.
Because the lawn, yard, garage and tag sale is temporary in nature and permissible in residential districts where commercial activities are not permitted, such sale shall be limited to possessions of the holder of the permit (and the other families and households referred to in this chapter).
A. 
No notice, advertisement or directional sign pertaining to such sale shall be placed or posted:
(1) 
On any post or pole used for traffic signs or signals; or
(2) 
Anywhere on private property, without permission of the owner or occupant of the property.
B. 
Upon conclusion of the time stated in the permit for the holding of such sale, the holder of the permit shall remove and dispose of all such notices, advertisements and directional signs.
None of the following may be sold or offered for sale:
A. 
Anything for which a separate license is required by law or by any federal, state or municipal regulation.
B. 
Anything of an explosive, toxic, poisonous or dangerous nature or substance.
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).