[HISTORY: Adopted by the Borough Council of the Borough of Westmont 5-8-1972 by Ord. No. 472; amended in its entirety 12-11-2018 by Ord. No. 839. Subsequent amendments noted where applicable.]
A. 
Property permitted to be sold.
(1) 
It shall be unlawful for any person, firm, company, or corporation to sell or offer for sale, under authority granted by this chapter, property other than personal property.
(2) 
No yard/garage sale shall be conducted unless and until the person, firm, company or corporation desiring to conduct such sale obtains a permit therefor from the Westmont Borough office. Members of more than one residence may join in obtaining a permit for a yard/garage sale to be conducted at the residence of one of them. Permits may be obtained for any nonresidential location.
B. 
Persons exempted from this chapter. The provisions of this chapter shall not apply to or affect the following:
(1) 
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
(2) 
Persons acting in accordance with their powers and duties as public officials.
(3) 
Any sale conducted by any merchant or mercantile or other business establishment on a regular, day-to-day basis from or at the place of business wherein such sale would be permitted by zoning regulations of the Borough, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor in which sale would be conducted from properly zoned premises, and not otherwise prohibited by other ordinances.
(4) 
Auctions conducted by licensed auctioneers.
C. 
Definitions. For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein.
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 in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment. The purchase and sale of foodstuffs or beverages and consumption of the same on premises during any sale for which a permit is issued is prohibited.
YARD/GARAGE SALES
Shall mean and include all general sales, open to the public, conducted from or on any premises in any residential or nonresidential zone, as defined by the Zoning Ordinance,[1] for the purpose of disposing of personal property, including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or rummage" sale. This definition does not include the operation of such businesses carried on in a nonresidential zone where the person, firm, company or corporation conducting the sale does so on a regular day-to-day basis and is otherwise licensed to conduct such business.
[1]
Editor's Note: See Ch. 225, Zoning.
The applicant or applicants for a yard/garage sale permit shall obtain the required permit from the Westmont Borough office prior to the date of the sale. The following information shall be provided:
A. 
Full name and address of applicant or applicants.
B. 
The location at which the proposed yard/garage sale is to be held.
C. 
The date or dates upon which the sale will be held.
The permit shall set forth and restrict the time and location of such yard/garage sale. No more than two such permits may be issued to one location, residence and/or family household during any calendar year. If members of more than one residence join in requesting a permit, then such permit shall be considered as having been issued for the address on which the yard/garage sale is located.
A. 
Hours of operation. Sales shall be limited in time to no earlier than 8:00 a.m. and no later than 4:00 p.m. on two consecutive days.
B. 
Display of sale property. Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or in a front, side or rear yard, but only in such areas. No temporary structure shall be erected for the display or sale of property other than tents and tables. No personal property offered for sale at a yard/garage sale shall be displayed in any public right-of-way.
C. 
Display of permit. Any permit in possession of the holder or holders of a yard/garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public, or any Borough official.
D. 
Advertising: signs permitted. Only the following specified signs may be displayed in relation to a pending yard/garage sale:
(1) 
Signs permitted at sale location. No sign located on the premises at which the yard/garage sale is held shall exceed nine square feet. No sign shall be placed in the public right-of-way or on traffic control or utility poles.
(2) 
Directional signs. No sign shall be placed in the public right-of-way or on traffic control or utility poles. Permission shall be obtained from the property owner prior to placing any signs on private property. Permission shall be obtained from the property owner prior to placing any signs on private property. No such sign shall exceed four square feet in size.
(3) 
Removal of signs. Signs must be removed within 24 hours of the close of the yard/garage sale activities.
An administrative processing fee shall be paid to the Borough of Westmont upon application for the permit. The fee shall be set forth from time to time by resolution of the Westmont Borough Council.
Any person, firm, company, or corporation who shall fail to comply with any of the provisions of this chapter shall be liable, upon conviction before a District Justice of Cambria County, Pennsylvania, in a summary proceeding, to pay a fine or penalty of not less than $300 nor more than $600, plus costs of prosecution for each such violation and, upon failure to pay such fine and/or costs to be imprisoned for a period not exceeding 30 days.