As used in this chapter, the following terms
shall have the meanings indicated:
GARAGE SALES
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale" or "flea market sale" or any similar casual
sale of tangible personal property which is advertised by any means
whereby the public at large is or can be made aware of said sale.
GOODS
Includes any goods, merchandise or other property capable
of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
Application for a license shall be made, in
writing, to the Borough Clerk at least 15 days prior to the date of
commencement of such sale and shall set forth the following:
A. The name of the person, firm, group, corporation,
association or organization conducting said sale.
B. The name of the owners of the property on which said
sale is to be conducted and consent of the owner if the applicant
is other than the owner.
C. The location at which the sale is to be conducted.
D. The date or dates of the sale.
E. The date and nature of any prior sale.
F. The relationship or connection the applicant may have
had with any other person, firm, group, organization, association
or corporation conducting said sale and the date or dates of such
sale.
G. A general description of the type of goods to be sold,
including a statement as to whether or not any of said merchandise
was purchased by the applicant for the purpose of resale.
H. Whether or not the sale will be held indoors or outdoors.
Any garage sale authorized under the provisions
of this chapter shall be conducted between the hours of 9:00 a.m.
and 6:00 p.m. on weekdays, exclusive of Sunday.
The signs permitted in conjunction with a garage
sale shall not exceed three, including one on-premises sign, and shall
not exceed three square feet in area, posted only on the scheduled
sale days, which signs shall be removed immediately after the consummation
of the sale.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A. Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B. Persons acting in accordance with their powers and
duties as public officials.
C. Any person selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed five in
number.
D. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Chapter
210, Zoning, or under the protection of the nonconforming use provisions thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise be prohibited by the Code.
It shall be the duty of the Police Department
to enforce the provisions of this chapter.
Violation of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
III, General Penalty.