[HISTORY: Adopted by the Board of Health
of the Borough of Wharton (Sec. 15-4 of the Revised General Ordinances).
Amendments noted where applicable.]
A.
CASUAL SALE
GOODS
PERSON
As used in this chapter, the following terms shall
have the meanings indicated.
Includes all sales entitled "garage sales," "lawn sales,"
"attic sales," "rummage sales," "estate sales," "yard sales" or "flea
market sales," 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.
Includes any goods or other property capable of being the
object of sale regulated hereunder.
Includes individuals, partnerships, companies, voluntary
associations, corporations, or other legal entities.
B.
Home sales of food items and mattresses are prohibited.
It shall be unlawful for any person to conduct any sale as defined in § 358-1 without first filing with the licensing official of the Borough the information hereinafter specified and obtaining from the licensing official a license to be known as "casual sale license." The fee for this license is $5.
This license shall be issued to any one person
and location only twice within a twelve-month period, and no such
license shall be for no more than three consecutive calendar days.
In the event of inclement weather and the sale cannot take place,
the license may include one rain day equivalent to the number of inclement
days of sale granted. In the event that a resident is about to move
from the Borough, one additional license may be issued within such
twelve-month period, provided that the sale thereunder is held within
90 days of the expected moving date from the Borough.
Each license issued under this chapter shall
be prominently displayed on the premises upon which the sale is conducted
throughout the entire period of the licensed sale.
Application for the license issued hereunder
shall be made upon blank forms prepared by the licensing official,
and such forms shall be in triplicate. The original shall be retained
by the approved applicant, the duplicate copy shall be filed with
the Police Department, and the triplicate copy shall be retained by
the licensing official.
All sales shall be conducted between the hours
of 8:00 a.m. to 6:00 p.m. only. The licensing official may refuse
to issue a license for the date or dates of sale applied for by the
applicant and prescribe other dates where the dates of sale applied
for by applicant would, in the judgment of the licensing official,
create traffic problems because of other sales previously approved
in the vicinity where the applicant intends to conduct 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 any item
or items of personal property which are specifically named or described
in the advertisement and which such items do not exceed five in number.
D.
Any sale conducted by a merchant or mercantile or
other business establishment from or at a place of business wherein
such sale would be permitted by the zoning regulations of the Borough
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 premises and not otherwise
prohibited by the ordinances of the Borough.
E.
Any bona fide charitable, eleemosynary, educational,
cultural, or governmental institution or organization; provided, however,
that the burden of establishing the exemption under this chapter shall
be on the organization or institution claiming such exemption.
All signs or advertisements of such permitted
sales shall comply with the Borough's Land Use Ordinance section entitled
"Signage."[1] It shall also be illegal to attach signs of any kind to
any utility poles.
