[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 9-14-1978 by Ord. No. 78-15. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
YARD SALE
Any sale of used merchandise not conducted as part of a continuing business venture or any 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. The term "yard sale" shall include all sales titled "yard sale," "lawn sale," "attic sale," "rummage sale," "garage sale" or "flea market sale."
A. 
No person shall conduct a yard sale within the Borough of Clayton without first filing with the Code Enforcement Officer the information required by § 95-3 hereof and obtaining a yard sale permit from said Code Enforcement Officer.
B. 
A yard sale permit shall be issued, without fee, to any applicant who complies with the terms and conditions of this chapter, except that such permit shall not be issued to the same applicant or for the same property for more than nine days in the aggregate within any calendar year.
[Amended 9-14-1989 by Ord. No. 89-13]
C. 
A yard sale permit shall not be issued for more than three consecutive calendar days.
D. 
A yard sale permit must be prominently displayed on the premises upon which the yard sale is conducted throughout the entire period of the sale.
The following information must be filed with the Code Enforcement Officer on a form provided therefor before a yard sale permit may be issued:
A. 
Name of the person conducting the sale.
B. 
Written consent of the owner if the applicant is a tenant in possession of the property on which the sale is to be conducted.
C. 
Location at which the sale is to be conducted.
D. 
Number of days of the sale.
E. 
Date and nature of any past sale.
F. 
Whether the applicant is conducting the sale together with, for or on behalf of any other person, firm, group, organization, association or corporation and, if so, the name of said person, firm, group, organization, association or corporation and the date or dates of any past sale held by the same.
G. 
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
H. 
Sworn statement of affirmation by the person signing that the information therein given is full and true and known to him to be so.
A. 
All signs advertising a yard sale shall have a space allotted thereon upon which shall be placed the name and address of the person to whom the permit has been issued.
B. 
All signs advertising a yard sale shall be removed within 24 hours after the completion of said 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 persons 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.
Upon application by any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization, the Borough Council may waive any or all of the requirements of this chapter; provided, however, that the burden of establishing eligibility for a waiver shall be on the organization or institution applying for such waiver.
Any person conducting a yard sale without first obtaining a permit therefor or who shall violate any of the other provisions and regulations of this chapter shall, upon conviction, be fined not less than $20 nor more than $250 or be imprisoned for a period not to exceed 10 days for each violation. Each day that such sale shall continue without a proper permit shall be considered a separate violation.