[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 12-1-1998 by Ord. No. 257. Amendments noted where applicable.]
This chapter is adopted in order to protect the health, safety and general welfare, and property of the residents of the Borough of Matamoras by limiting the number, scale and duration of yard sales. Without such control, continual or frequent yard sales at a specific location would constitute a commercial use, thereby resulting in traffic, noise, and other nuisances affecting residential properties.
For the purposes of this chapter, the following words, terms and phrases shall have the meaning indicated herein:
- BUILDING, PRINCIPAL
- A structure formed of any combination of materials which is erected on the ground and permanently affixed thereto and designed, intended, or arranged for the housing, shelter, or enclosure of persons, and in which is conducted the main or principal use of the lot on which said building is situated.
- Includes "individual", "profit or nonprofit organization," "partnership," "company," "unincorporated association," "corporation" or other similar entities.
- YARD SALE
- Any offering for sale to the public of household items conducted on a temporary, intermittent basis. The term "yard sale" shall include "lawn sale," "garage sale," "basement sale," "attic sale," "white elephant sale," "moving sale," and any other similar activities.
When terms, phrases, or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply. The word "shall" and "must" are mandatory and not discretionary. The word "may" is permissive. Words used in the present tense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
Yard sales shall be permitted in all areas of the Borough, but only on an improved lot in association with an existing principal building, or on an adjacent unimproved lot which is owned by the owner of the adjoining principal structure.
Each individual property location may have a maximum of five yard sales during any one calendar year. Each sale shall not last more than three consecutive days.
All items shall be placed and offered for sale within the confines of the property described in the notification to the Borough and shall not be placed within any public road right-of-way or on any public sidewalk. On any one lot on which a yard sale is conducted, the total area devoted to the yard sale shall not exceed 2,500 square feet.
Yard sales are permitted to allow individuals to offer for sale accumulated normal household items or arts and crafts; and the buying and selling of commercial or surplus material shall be considered a commercial operation and shall be prohibited except in zoning districts where such commercial use is permitted by the Zoning Ordinance and only in accord with the requirements of the Zoning Ordinance.
[Amended 10-3-2000 by Ord. No. 258]
Signs (no larger in size than two feet by two feet) may be installed only on the property where the sale is being conducted and on other property with the written approval of the property owner. The signs shall be displayed only during the sale and must be placed a minimum of two feet from the property line and shall be removed within 24 hours after the sale is concluded. No lighted or illuminated signs shall be used. No signs shall be posted on vehicles.
The Borough shall be notified in writing by the person conducting the yard sale a minimum of 24 hours prior to the commencement of the yard sale. The notification can be mailed, hand delivered, or dropped off at a designated area at the Matamoras Borough Hall. The notification shall contain the following information: name of person conducting the yard sale, address of the yard sale, telephone number of the person conducting the yard sale, dates of the yard sale, signature of the person conducting the yard sale, and a statement that the person conducting the yard sale is aware that there is a limit of five yard sales per calendar year at the same location. A sample notification form is attached.
Editor's Note: The sample notification form is on file in the Borough offices.
It shall be the responsibility of the Matamoras Police Department, or any person specifically designated by the Borough Council, to enforce the provisions of this chapter and secure compliance with the requirements hereof.
It shall be unlawful for any person to conduct any yard sale or erect any yard sale sign, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter. Any such action shall be considered a violation of this chapter, and said violator shall be subject to all the penalties prescribed in this chapter.
The Police Department or authorized person shall serve, or cause to be served, a notice of violation or order on the person responsible for the violation of any of the provisions of this chapter. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with as stipulated in the notice, the Borough Solicitor may institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation.
Any person who violates any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $500. In default of payment of the fine, such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than 30 days. Each day that a violation is continued shall constitute a separate offense. In addition to the other remedies provided by this chapter for its enforcement, the Borough may bring civil suit to enjoin the violation of any provisions of this chapter.
The imposition of the penalties herein prescribed shall not preclude the Borough Solicitor from instituting appropriate action to prevent, restrain, correct or abate a violation of this chapter.
The provisions of this chapter and all amendments thereto shall be severable, and if any of the provisions thereof shall be held to be unconstitutional, invalid or illegal, by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as legislative intent that this chapter would have been enacted had such constitutional, invalid or illegal provisions not been included therein.
This chapter, known as the "Matamoras Borough Yard Sale Control Ordinance" is hereby enacted into law at a duly convened meeting of the Borough Council of the Borough of Matamoras, Pike County, Pennsylvania, on this first day of December 1998, pursuant to the authority granted by the Pennsylvania Borough Code, as amended, to become effective on the 15th day of December 1998.