[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 5-17-1993 by Ord. No. 5-1993 (Ch. 42 of the 1975 Code). Amendments noted where applicable.]
Peddling and soliciting — See Ch. 147.
The following words or phrases shall have the following meanings when used in this chapter:
- GARAGE SALES or YARD SALES
- Occasional sales by a householder of personal property accumulated in the normal use of a dwelling as a residence and no longer needed by the occupants, such as used crockery, kitchenware, dishes, toys, furniture, costume jewelry, used clothing, used appliances, rugs, drapes and the like, offered for sale in the dwelling, appurtenant garage or other outbuilding on the property or appurtenant yards.
- SALE ITEMS
- The merchandise offered at the sale and merchandise acquired for normal use by the householder or other persons occupying the dwelling on the premises where the sale is held.
Application for a license to hold such sale shall be made, in writing, to the Borough Clerk at least 10 days before the date the sale is to be held. The application form shall show:
The name and address of the applicant.
The place, date and time when the sale is to be held.
The name, address and telephone number of the person who assumes responsibility for compliance with the provisions of this chapter, which person shall also sign the application.
The nature of the sale and the merchandise to be sold.
Whether or not any signs pertaining to the sale are to be posted and, if so, where. The application shall be accompanied by a statement of whose property the signs are to be posted. No sign shall be placed on utility poles.
The date the last sale was conducted on such property.
No more than two sales shall be permitted on the same premises in any twelve-month period, and no such sale shall continue longer than two days.
The applicant shall remove all signs posted within 24 hours after conclusion of the sale, and any and all debris shall be cleaned up.
No sales of any kind shall be held before 8:00 a.m. or after 6:00 p.m. on any day.
No merchandise offered for sale shall be displayed more than one day before the commencement of the sale or allowed to remain more than 24 hours after the termination of the sale.
The sale shall be conducted wholly within the confines of the property and in such a manner so as to cause no obstruction or encroachment on neighboring property or public sidewalks, streets or other public ways.
No food or drinks shall be sold or dispensed in conjunction with the sale.
The person responsible for the conduct of the sale shall be responsible to see that no disorder occurs, that there is no littering of adjoining property or public ways and that there is no trespassing on adjoining property.
The provisions of this chapter shall not apply to sales conducted by nonprofit organizations servicing the residents of the Borough of Pemberton.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.