Township of Upper Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 9-6-1977 by Ord. No. 190. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 124.
This chapter shall be known as the "Yard Sale and Garage Sale Ordinance."
The purpose of this chapter, consistent with the Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended,[1] is to license, regulate and control yard sales or garage sales within residential and industrial districts within Upper Providence Township.
Editor's Note: See 53 P.S. § 65101 et seq.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein set forth:
The Board of Supervisors.
Includes natural persons, individuals, corporations, eleemosynary, philanthropic, charitable or religious institutions or nonprofit corporations, homeowners' associations, unincorporated associations, partnerships and joint ventures, who or which are owners of real estate within the township, their equitable owners or any agents, servants, workmen or employees thereof or independent contractors thereof.
Includes yard sale, garage sale, sidewalk sale, auction, rummage sale, attic sale or any other activity by which a person or persons not engaged in such sales as a commercial activity shall display items of personalty to other persons and invite the bidding or purchase thereof by said persons.
Posting of handbills or signs. In the event that any person proposes to post signs or handbills within the township to advertise a sale, said person shall post with the Township Treasurer cash or other surety in the sum of $50, which sum shall be returned as soon as the township, through its duly directed agent, is satisfied that the handbills or signs have been removed from the place or places where posted.
Restrictions on handbills or signs. Any signs or handbills placed within the township relating to a sale shall be subject to the following restrictions:
Time of placement. The handbills or signs shall not be publicly placed within the township any earlier than two weeks prior to the date scheduled for sale.
Location. No handbills or signs shall be placed upon the private property of another without written consent having first been had or secured, and no sign or handbill may be posted upon the private property of another on more than one occasion per year.
List of locations. In the event that signs or handbills are employed, the person conducting the sale shall provide a list of all locations within the township where the handbills or signs were placed.
Manner of affixing. No handbills or signs shall be permitted which:
Are nailed to utility poles.
Are secured by glue or other substance making their removal impossible or impractical.
Size. No handbill or sign may be larger than one square foot.
No person shall conduct more than two sales on a specific property within residentially zoned districts in the township during any calendar year.
Penalty. Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $600 and the costs of prosecution; provided, however, that each day's violation of any of the provisions of this chapter shall constitute a separate offense.
[Amended 9-17-1990 by Ord. No. 301]
Equity. In addition to the penalty provisions aforesaid, nothing herein contained shall preclude the Board of Supervisors of Upper Providence Township, in an action within the Court of Common Pleas of Montgomery County or such other court as may be deemed appropriate, seeking to enjoin any person from violating the terms of this chapter or any portion thereof or seeking to abate a nuisance.
Nothing herein contained shall be construed to enlarge the uses permitted within Chapter 182, Zoning, as it may be amended.