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You probably can’t drive across town on the weekend without seeing at least one sign advertising a garage or yard sale. If garage sales are left unregulated, though, you can end up with a regular commercial enterprise in a residential neighborhood, something that most citizens would complain about. Our sample regulations on garage sales require a permit; address the number of sales that can be held per person and per premises each year; restrict signage; require that only personal property be sold; and restrict the hours and duration of sales. Details include regulations on rain dates, display of personal property and boisterous conduct. If garage and yard sales are not regulated in your municipality, read on...

Ephrata, B. PA: Ch. 189

Newburgh, C. NY: Ch. 181

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Ephrata, B. PA

[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 4-13-1992 as Ord. No. 1218. Amendments noted where applicable.]

Junk dealers -- See Ch. 197.
Transient retail businesses -- See Ch. 293.
Zoning -- See Ch. 319.

§ 189-1. Title.

§ 189-2. Purpose.

§ 189-3. Definitions.

GARAGE SALE:

1. The sale or offering for sale of new, used or secondhand items of personal property at any one (1) residential premises at any one (1) time.
2. 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.

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

MUNICIPALITY -- All residential dwellings located within any type of zone, zoned area, zoning district, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Borough of Ephrata.

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

§ 189-4. Permit required; fee; conditions for sales.

1. It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Borough of Ephrata without first obtaining a garage and yard sale permit from the Codes Department after filing an application containing the information hereinafter specified.
2. It shall be unlawful to participate in more than two (2) garage sales in any one (1) calendar year.
3. Not more than two (2) garage and yard sale permits shall be issued to any one (1) person in any one (1) calendar year.
4. Not more than two (2) garage and yard sale permits shall be issued for any one (1) premises in any one (1) calendar year.
5. Each permit application shall be accompanied by a fee as shall be set from time to time by resolution of the Borough Council.
6. It is a requirement of garage and yard sale permits that the names and addresses of all participating persons be listed on the application. The garage and yard sale permit must be posted at a visible location to the traveling public for the duration of the sale.
7. It shall be unlawful to conduct any garage sale with a duration exceeding two (2) consecutive days.

§ 189-5. Exemptions.

1. Persons selling goods pursuant to an order of process or a court of competent jurisdiction.
2. Persons acting in accordance with their powers and duties as public officials.
3. Any person selling or advertising for sale an item or items of personal property which is specifically named or described in the advertisement.
4. Any publisher of a newspaper, magazine or other publication or other communications media which publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been met.
5. Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Borough of Ephrata with or without the protection of the nonconforming use section of the zoning laws, 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 the Borough of Ephrata, including this chapter.
6. Sales by a bona fide charitable, eleemosynary, 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.
7. Any public auction having a duration of no more than two (2) days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.

§ 189-6. Enforcement; complaints.

1. This chapter shall be enforced by the Codes Department, and it shall be its duty to investigate and prosecute any violation of this chapter.
2. If, after an investigation, a violation is found to exist, the Codes Department shall prosecute a complaint before a District Justice pursuant to the provisions of this chapter.

§ 189-7. Conduct.

1. No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of the 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.

§ 189-8. Violations and penalties.

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Newburgh, C. NY

[HISTORY: Adopted by the City Council of the City of Newburgh 1-14-1985 as Ord. No. 1. Sections 181-6 and 181-20 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

Fees -- See Ch. 163.
Signs -- See Ch. 250.
Vehicles and traffic -- See Ch. 288.
Zoning -- See Ch. 300.

§ 181-1. Findings; purpose.

1. The intrusion of nonregulated garage sales is causing annoyance to citizens in residential areas and residential premises in the City of Newburgh and congestion of the streets in residential zones in the City of Newburgh. [Amended 8-10-1992 by Ord. No. 11-92]
2. The provisions contained in this chapter are intended to prohibit the conducting of a business in any zoned residential areas or residential premises by regulating the terms and frequency of garage sales so as not to disturb or disrupt the residential environment of the area. [Amended 8-10-1992 by Ord. No. 11-92]
3. The provisions of this chapter do not seek control of sales by individuals selling a few of their household or personal items.
4. The provisions and prohibitions hereinafter contained are enacted not to prevent but to regulate garage sales for the safety and welfare of the city's citizens.

§ 181-2. Definitions and word usage.

1. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
2. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

CODE COMPLIANCE SUPERVISOR -- The head of the Code Compliance Bureau or anyone designated by him or by the Chief of the Fire Department to act in his place.

GARAGE SALE -- Includes all general sales, open to the public, conducted from or on a residential premise or in any residential zone as defined by the Ch. 300, Zoning, for the purpose of disposing of personal property or other property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage sale." This definition shall not include a situation where no more than five specific items are held out for sale and where all advertisement of such sale specifically names those items to be sold. [Amended 8-10-1992 by Ord. No. 11-92]

PERSONAL PROPERTY -- Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

RESIDENTIAL PREMISES -- A lot on which a building is located which has a certificate of occupancy for a residential occupancy classification only as the same is defined by the New York State Fire Prevention and Building Code, or any vacant lot which abuts a residential premise. [Added 8-10-1992 by Ord. No. 11-92]

§ 181-3. Sale of other than personal property prohibited.

§ 181-4. Permit required.

§ 181-5. Written statement required.

1. The full name and address of applicant.
2. The location at which the proposed garage sale is to be held.
3. The date or dates upon which the sale shall be held.
4. The date or dates of any other garage sales within the current calendar year.
5. An affirmative statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired or consigned for the purposes of resale.

§ 181-6. Permit fee. [Amended 6-13-1988 by L.L. No. 4-1988]

§ 181-7. Permit conditions.

§ 181-8. Hours.

§ 181-9. Inclement weather; fourth sale.

1. Sale not held because of inclement weather. If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions and an affidavit by the permit holder to this effect is submitted, the Code Compliance Supervisor may issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee is required.
2. Fourth sale permitted. A fourth garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change of ownership of the real property is first presented to the Code Compliance Supervisor.

§ 181-10. Investigation to determine compliance.

§ 181-11. Display of property in permitted areas only.

§ 181-12. Display of permit.

§ 181-13. Signs.

1. Signs permitted. Only the following specified signs may be displayed in relation to a pending garage sale:

(1) Two signs permitted. Two signs of not more than four square feet each are permitted to be displayed on the property of the residence where the garage sale is being conducted.

(2) Directional signs. Two signs of not more than two square feet each are permitted, provided that the premises upon which the garage sale is conducted is not on a major thoroughfare and written permission to erect said signs is received from the property owners upon whose property such signs are to be posted.

2. Time limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.
3. Removal of signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs.

§ 181-14. Responsibilities of permit holder and owner.

§ 181-15. Right of entry for enforcement and inspection.

§ 181-16. Parking; temporary controls.

§ 181-17. Revocation and refusal of permit.

1. False information. Any permit issued under this chapter may be revoked or any application for issuance of a permit may be refused by the Code Compliance Supervisor if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
2. Conviction of violation. If any individual is convicted of an offense under this chapter, the Code Compliance Supervisor is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for a period of two years from the time of conviction.

§ 181-18. Exemptions.

1. Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
2. Persons acting in accordance with their powers and duties as public officials.
3. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business having a certificate of occupancy indicating a mercantile occupancy classification as defined by the New York State Fire Prevention and Building Code wherein such sale would be permitted by the zoning ordinance Editor's Note: See Ch. 300, Zoning. of the City of Newburgh or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned mercantile premises and not otherwise prohibited in other ordinances. [Amended 8-10-1992 by Ord. No. 11-92]
4. Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization, when the proceeds from the sale are used directly for the institution's or organization's charitable purposes and the goods or articles are not sold on a consignment basis.

§ 181-19. Separate offenses.

§ 181-20. Penalties for offenses. [Amended 6-13-1988 by L.L. No. 4-1988]

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