[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.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 137.
A.Â
CASUAL SALE
GARAGE SALE
HOME SALE
LAWN SALE
PERSON
For the purpose of this chapter, the following shall
apply:
A sale by an individual of his personal property with no
frequency or regularity.
A public sale of goods conducted in a residentially associated
garage.
A public sale of goods, including by appointment, conducted
in or on any portion of a residence.
An outdoor public sale of goods on residential property.
Any person, association, partnership, firm or corporation.
B.Â
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.
C.Â
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:
A.Â
Name and address of applicant.
B.Â
Type of sale.
C.Â
Items to be sold.
D.Â
Dates of sale.
E.Â
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.
A.Â
Garage sales, lawn sales and home sales shall be limited
to two per calendar year per residence.
B.Â
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.[1]
[1]
Editor’s Note: See 53 P.S. § 48321(6).