[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale as Ord. No. 77-17 (Ch. 7, Art. 12, of the Revised Ordinances of 1972). Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 100.
Fees — See Ch. 138.
Licenses and permits — See Ch. 188.
Penalties — See Ch. 226.
Land use — See Ch. 310.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE — Includes every general sale that
A. 
Is conducted from or on premises in any residential district as defined and delineated by Chapter 310, Land Use.
B. 
Is open to the general public.
C. 
Is conducted for the purpose of selling tangible personal property.
D. 
Is a sale commonly referred to as a "garage," "attic," "basement," "porch," "lawn," "barn," "yard," "flea market," "rummage" or similar sale.
TANGIBLE PERSONAL PROPERTY
Property previously purchased, owned, utilized or otherwise in the lawful possession of a resident occupant of the residence at which the garage sale occurs. It does not include goods, merchandise or property purchased for resale or obtained on consignment, or any exemptions set forth under § 162-12 of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
No person shall sell or offer for sale from or on premises in any residential district any tangible personal property other than pursuant to a permit lawfully procured under this chapter.
No person shall conduct or participate in the conduct of a garage sale unless a permit for such sale shall have lawfully been issued pursuant hereto.
Application for a garage sale permit shall be made on forms prescribed by the Borough Clerk and shall be filed with the Borough Clerk not less than three (3) days prior to the date of the proposed garage sale. No fee shall be charged for the issuance of the permit.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
The application shall include the following information:
A. 
The full name and address of the applicant.
B. 
The full name and address of the premises on which the proposed garage sale is to be conducted.
C. 
The full name and address of the owner or lessee of the premises.
D. 
The date or dates upon which the sale is to be held.
E. 
The date or dates upon which all previous garage sales on the premises were held within the preceding twelve-month period.
F. 
An affirmative certification that the applicant has read and understands the provisions of this chapter and that all statements made and information given by the applicant are true.
G. 
The signature of the applicant.
H. 
The signature of the owner of the premises.
No permit shall be issued:
A. 
For a garage sale that will be of more than three (3) consecutive days' duration; or
B. 
For a garage sale on premises on which a garage sale has been held twice during the twelve-month period next preceding the date of the proposed garage sale; provided, however, that if a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions and an affidavit to this effect is submitted by the permit holder, the Borough Clerk may issue another permit to the applicant for a garage sale to be conducted at the same location within thirty (30) days from the date when the first sale was to be held.
The person to whom the permit is issued shall cause the permit to be posted at a place on the premises so as to be visible from the street and to be maintained at such place throughout the entire period of the sale.
No person shall display or cause or permit to be displayed signs relating to a proposed garage sale other than as follows:
A. 
Two (2) signs permitted. Two (2) signs of not more than four (4) square feet shall be permitted to be displayed on the property of the residence where the garage sale is to be conducted.
B. 
Directional signs. Two (2) signs of not more than two (2) square feet each shall be permitted, provided that written permission to erect said signs is received from the property owner upon whose property such signs are to be placed.
C. 
Time limitations. No sign shall be exhibited for more than two (2) days prior to the day such sale is to commence.
D. 
Removal of signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs. In the event that a sign is not removed within the required time, the Police Department of the Borough of Hillsdale is empowered to remove the sign.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
E. 
Fee. No further permit for the signs shall be required, nor shall any fee be charged therefor.
No person shall conduct or participate in the conduct of a garage sale other than between the hours of 9 a.m. and 6 p.m.
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the Police Department may enforce temporary controls to alleviate any special hazards and/or congestion created by any garage sale.
The person to whom such permit is issued and the owner or tenant of the premises on which such sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale. Such persons shall not permit any loud or boisterous conduct on said premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the Borough of Hillsdale in order to maintain the public health, safety and welfare. The premises shall at all times be subject to such reasonable rules as may be made from time to time by the Borough Council of the Borough of Hillsdale and shall be subject to inspection at all times by the Land Use Officer, Chief Law Enforcement Officer and Fire Chief, or any of their agents or any other duly authorized representatives of the Borough of Hillsdale.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
The provisions of this chapter shall not apply or to 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. 
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 (5) in number.
D. 
Sales conducted by mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Chapter 310, Land Use, by virtue of a variance or by virtue of its status as a nonconforming use.
This chapter shall be enforced by the Land Use Officer or the Police Department of the Borough.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
The provisions of Chapter 226, Penalties, of the Code of the Borough of Hillsdale shall be applicable to the enforcement and administration of this chapter.