[HISTORY: Adopted by the Borough Council of the Borough of Birdsboro 8-14-2006 by Ord. No. 401. Amendments noted where applicable.]
This chapter will be known as the "Garage and Yard Sale Permit and Regulation Ordinance."
The rules and regulations set forth herein are designed to control and restrict garage and yard sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only, in keeping with the character of the neighborhood wherein this activity is carried on and in compliance with Chapter 395, Zoning, of the Code of the Borough of Birdsboro, Berks County, Pennsylvania. The intent of this chapter is to eliminate unregulated, perpetual, prolonged and extended garage and yard sales in residential areas and to maintain regulatory powers over garage and yard sales in all areas. Such sales, if continued indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance, and often violate the zoning regulations of this Borough. The provisions of this chapter arise from the need to limit, restrict and control garage and yard sales. It is not the intent of this chapter to change or amend Chapter 395, Zoning, or any other ordinances within the Borough of Birdsboro which may, in any manner or fashion, regulate businesses.
[Amended 10-10-2011 by Ord. No. 432]
As used in this chapter, the following terms will have the meanings indicated:
GARAGE SALES
The sale or offering for sale to the public of any new, used or second-hand goods, items, or merchandise of any nature whatsoever at any one residential premises, including, but not limited to, all sales in residential areas entitled "garage sales," "yard sales," "tag sales," "porch sales," "lawn sales," "attic sales," "basement sales," "rummage sales," "flee market sales," or any other similar or 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.
HOUSEHOLD
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 geographical boundaries of the Borough of Birdsboro.
PERSONS
Individuals, partnerships, family groups, voluntary associations, and corporations.
A. 
No more than two yard sales are permissible per household in any calendar year.
B. 
The maximum duration of any yard sale will be two consecutive calendar days.
C. 
The permissible hours for any yard sale herein shall be 7:00 a.m. until sunset.
Any individual, group or corporation conducting a garage sale within the Borough, or outside the Borough limits, or any individual group or corporation posting advertisements within the Borough limits for a garage sale to be held inside or outside the Borough limits will remove within the Borough right-of-way all signs, flyers, posters and bulletins no later than the day after the garage sale. Should the garage sale for any reason not be held, all signs, flyers, posters and bulletins advertising the garage sale must be removed no later than the scheduled last day for the garage sale.
A. 
This chapter will be enforced by the Code Enforcement Officer of the Borough of Birdsboro, and it will be the duty of that officer to investigate and prosecute any violation of this chapter.
B. 
If after investigation a violation is found to exist, the Code Enforcement Officer will prosecute a complaint before the Magisterial District Judge serving the Borough of Birdsboro pursuant to the provisions of this chapter.
C. 
The person conducting the sale and the owner or occupant of the premises where the sale or activity is conducted will be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity. In that regard:
(1) 
No person will permit any loud or vociferous conduct on such premises or street 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 will obey reasonable orders from any members from the Police Department or Fire Department or any emergency or rescue departments to maintain the pubic health, safety and convenience.
Any person, firm or corporation who will violate the provisions of this chapter will, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and, in default of such payment, to imprisonment for a term not to exceed 30 days.