[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.
A.
BUILDING, PRINCIPAL
PERSON
YARD SALE
For the purposes of this chapter, the following words,
terms and phrases shall have the meaning indicated herein:
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.
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.
B.
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.[1]
[1]
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.
