Stockertown Borough, PA

[HISTORY: Adopted by the Borough Council of the Borough of Stockertown 8-6-2001 by Ord. No. 2001-5. Amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 172.

Zoning — See Ch. 250.

§ 119-5 Violations and penalties.

§ 119-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GOODS: Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.

MUNICIPALITY: The Borough of Stockertown, Northampton County, Pennsylvania.

PERSONS: Individuals, partnerships, family groups, voluntary associations and corporations.

YARD SALES: The sale or offering for sale of four or more new, used or secondhand items of personal property at any residential property at any one time shall constitute a yard sale. Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale," or any similar casual sale of tangible personal property.

§ 119-2 Conditions for sales.

Yard sales as hereinbefore defined shall be limited to two such sales per household (or similar unit) per calendar year, each sale to have a duration of not more than two days.

It shall be unlawful for any person to conduct more than two yard sales per calendar year within the boundaries of Stockertown Borough.

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§ 119-3 Exemptions.

This chapter shall not be applicable to:

Persons selling goods pursuant to an order of process of a court of competent jurisdiction.

Persons acting in accordance with their powers and duties as public officials.

Any person selling or advertising for sale an item or items of personal property which is specifically named or described in the advertisement and which separate items do not exceed three in number. Notwithstanding any provisions of this chapter, any person may sell up to three secondhand articles without being subject to the provisions of this chapter.

Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of Stockertown Borough with or without the protection of the nonconforming use section of Chapter 250, Zoning,

Editor's Note: See § 250-89.

or any sale conducted by any other vendor or dealer when the sale is conducted in a properly zoned area and not otherwise prohibited by laws of the Commonwealth of Pennsylvania and ordinances of Stockertown Borough, including this chapter.

Sales by a bona fide charitable, educational, cultural or governmental institution, civic group, service club, religious or fraternal society or other tax-exempt organization; provided, however, that the burden of proof to establish the exemption under this subsection shall be on the organization or institution claiming such exemption.

Any public auction having a duration of no more than two days and conducted by an auctioneer licensed by the Commonwealth of Pennsylvania.

§ 119-4 Enforcement.

This chapter shall be enforced by the Stockertown Borough Chief of Police, and it shall be his duty to investigate and prosecute any violation of this chapter.

If after an investigation a violation is found to exist, the Chief of Police shall prosecute a complaint before the appropriate Magisterial District Judge pursuant to the provisions of this chapter.

The person conducting the sale and the owner, tenant or occupant of the premises where the sale or activity is conducted shall be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity.

(1)

No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of the premises where the sale is being conducted.

(2)

In the event of an emergency, all such persons shall obey reasonable orders from any member of the Police Department or the Fire Department in order to maintain the public health, safety and convenience.

§ 119-5 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and, in default of payment, to imprisonment for a term not to exceed 30 days.