[HISTORY: Adopted by the Borough Council of the Borough of Denver 1-4-1982 by Ord. No. 378 (Ch. 13, Part 2 of the 1996 Code). Amendments noted where applicable.]
Peddling and soliciting — See Ch. 137.
For the purpose of this chapter, the following shall apply:
- CASUAL SALE
- A sale by an individual of his personal property with no frequency or regularity.
- GARAGE SALE
- A public sale of goods conducted in a residentially associated garage.
- HOME SALE
- A public sale of goods, including by appointment, conducted in or on any portion of a residence.
- LAWN SALE
- An outdoor public sale of goods on residential property.
- Any person, association, partnership, firm or corporation.
In this chapter, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and the neuter.
Commercial businesses are excluded.
[Amended 4-8-1996 by Ord. No. 475]
Except as hereinafter described, it shall be unlawful for any person to hold a garage sale, lawn sale or home sale without first obtaining a permit in compliance with the provisions of this chapter.
Applicants for a permit under this chapter must file with the Borough Secretary an application in writing, on a form to be furnished by said officer, which shall give the following information:
Name and address of applicant.
Type of sale.
Items to be sold.
Dates of sale.
A statement affirming that the goods to be sold belong to the applicant or his household, and that said goods have not been purchased or obtained solely for this sale, with the exception of charities and service organizations as exempted by this chapter.
The permit for any sale governed by this chapter shall be on a no-fee basis.
Upon determination by the Secretary that the application meets all the requirements for a permit, the Secretary shall issue a permit.
A permit for a garage, lawn or home sale shall be valid for two consecutive days. In the event that inclement weather causes postponement of the sale, the permit will be valid for a new date provided the Secretary is notified prior to the new date.
The permit must be displayed at all times during sales.
Garage sales, lawn sales and home sales shall be limited to two per calendar year per residence.
Items to be sold at garage sales, lawn sales and home sales must belong solely to the household where the sale is held. It shall be unlawful to bring in and sell goods belonging to others or to purchase items specifically to sell in a garage sale, lawn sale or home sale, with the exception of such sales conducted on behalf of a charitable or service organization.
Garage sales, lawn sales, and home sales may be held anytime between 7:00 a.m. and 8:00 p.m.
A permit granted under this chapter does not permit encroachment on the right-of-way (sidewalk or street).
Nothing in this chapter shall be construed to prohibit or regulate casual sales.
[Amended 6-5-1989 by Ord. No. 436; 4-8-1996 by Ord. No. 475; 7-29-2013 by Ord. No. 612]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense. Upon summary conviction or in a civil action, the defendant may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.
Editor’s Note: See 53 P.S. § 48321(6).