As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALE
All general sales open to the public conducted from or on a residential
premises for the purpose of disposing, by sale, barter or otherwise, personal
property, including but not limited to all sales entitled "garage," "lawn,"
"yard," "attic," "porch," "room," "backyard," "patio," or "estate". This definition
shall not include a situation where no more than five specific items are held
out for sale and all advertisements of such sale specifically name those items
to be sold.
GARAGE SALE SIGN
A temporary sign no larger than two feet by two feet indicating the
location, time and date of a garage sale within the Borough.
PERSON
Includes natural persons, corporations, charitable or religious institutions
or nonprofit corporations, homeowners' associations, unincorporated associations
and family and neighborhood groups.
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
or in maintaining that residence.
Whenever a garage sale is to be conducted a permit must be first secured
from the Borough. In the case of a multi-neighbor sale each neighbor involved
must be listed on the permit application, and said sale will count as one
of the two annual sales permitted for each resident.
The fee for a permit pursuant to this chapter shall be set forth from
time to time by resolution of the Borough Council. Such fee shall be paid
to the Borough at the time of submission of the application for such permit.
For the purposes of this chapter, any person desiring to secure a permit
to conduct a garage sale, shall, at least one week prior to the date and time
set for such sale, complete and submit to the Borough Clerk an application
for the issuance of a permit and shall pay the required fee. Said application
shall be in such form as the Borough may establish and contain the following
information:
A. The location of the proposed garage sale.
B. The dates and times of such proposed sale.
C. The names of owners of premises on which the proposed
garage sale is to be conducted.
D. The name or names of person or persons and their addresses
and phone numbers if other than the owners, who will be participating in said
proposed garage sale.
The Borough Clerk shall receive the application and accept the required
filing fee and, if upon review of the application the same is in compliance
with the requirements of this chapter and any regulations promulgated hereunder,
shall issue the permit, and said Clerk shall number the applications and permits
in chronological order.
No permit issued by the Borough shall be transferable by the permittee
to any other person, nor shall the place of the sale be changed without cancellation
of the permit and issuance of a new permit upon application and payment of
the required fee for the new location.
Any person, family group, corporation or other entity conducting any such sale or similar activity without being properly permitted therefor or who shall violate or fail to comply with any of the terms and provisions of this chapter or any other rules, regulations or provisions adopted or approved by the Council shall be deemed in violation of this chapter and shall be punishable as provided in Chapter
1, §Â
1-14, and each day that such sale or violation continues without being permitted shall be considered and shall constitute a separate offense.