[HISTORY: Adopted by the Borough Council of the Borough of Jersey Shore 12-14-2015 by Ord. No. 2015-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 218.
[1]
Editor's Note: This ordinance also repealed former Ch. 296, Yard sales, adopted 8-1-1994 by Ord. No. 4-94 (Ch. 13, Part 3, of the 1996 Code).
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes any person, individual, partnership, corporation, association or other entity.
YARD SALE
The sale or offering for sale of 10 or more new, used or secondhand items of personal property at any residential premises at any one point in time. It is the intent of this chapter to include all sales known as "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" and other similar sales or offerings for sale of personal property.
A. 
No person shall conduct, nor shall any person in charge, control, possession, occupancy or having an ownership interest in any residential real estate permit a yard sale to be conducted over a period of time in excess of 48 hours.
B. 
No person whose conduct is subject to the requirements of Subsection A, above, shall cause or permit any sign advertising a yard sale to be erected, placed, posted or published on any utility pole, telephone pole, street, alley, sidewalk or public property, except as is provided in § 296-3 of this chapter.
The Borough of Jersey Shore has caused a community bulletin board to be erected at 232 Pennsylvania Avenue, and any future address that the Borough Council were to approve as a site, in the Borough of Jersey Shore. It shall be lawful for a person to place one sign advertising any one yard sale, not exceeding 12 inches by 12 inches in dimensions, to be posted on the community bulletin board. Any such sign shall not be posted by using nails, tacks, staples, string or other adhesive or fastening devices. Yard sale signs may be placed on private property in accordance with all other provisions of this chapter. No such sign shall be posted more than 72 hours prior to the commencement of the yard sale. All such signs shall be removed within 24 hours after the conclusion of the yard sale.
The Code Enforcement Officer of the Borough of Jersey Shore is empowered to enforce the terms of this chapter.
The Code Enforcement Officer of the Borough of Jersey Shore shall have the authority to remove any sign that does not comply with all of the terms of this chapter. In the event of such removal, an administrative fee in the amount of $20, or an amount determined by the Borough at a future date by resolution, shall be assessed against the person whose conduct is subject to the requirements of § 296-2A. Written notice of assessment shall be sent by the Borough to the address at which the yard sale was conducted. Failure to pay the assessment in full within 10 days of the date on which the mailing was made shall constitute a violation of the terms of this chapter, and shall be punishable as provided in § 296-6.
[Amended 8-13-2018 by Ord. No. 2018-04]
Any person violating any provision of this chapter within shall, on their first offense, be fined $25. If said fine of $25 is not paid in 10 days, then, upon conviction thereof, they will be sentenced to pay a fine of no less than $150 and no more than $1,000 or shall undergo imprisonment for not more than 90 days, or both. Each day of violation constitutes a separate violation.