As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
YARD SALE
Any sale of used merchandise not conducted as part of a continuing
business venture or any casual sale of tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of said sale. The term "yard sale" shall include
all sales titled "yard sale," "lawn sale," "attic sale," "rummage
sale," "garage sale" or "flea market sale."
The following information must be filed with the Code Enforcement
Officer on a form provided therefor before a yard sale permit may
be issued:
A. Name of the person conducting the sale.
B. Written consent of the owner if the applicant is a tenant in possession
of the property on which the sale is to be conducted.
C. Location at which the sale is to be conducted.
D. Number of days of the sale.
E. Date and nature of any past sale.
F. Whether the applicant is conducting the sale together with, for or
on behalf of any other person, firm, group, organization, association
or corporation and, if so, the name of said person, firm, group, organization,
association or corporation and the date or dates of any past sale
held by the same.
G. Whether or not the applicant has been issued any other vendor's
license by any local, state or federal agency.
H. Sworn statement of affirmation by the person signing that the information
therein given is full and true and known to him to be so.
The provisions of this chapter shall not apply to or affect
the following persons or sales:
A. Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
B. Persons acting in accordance with their powers and duties as public
officials.
C. Any persons selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
Upon application by any bona fide charitable, eleemosynary,
educational, cultural or governmental institution or organization,
the Borough Council may waive any or all of the requirements of this
chapter; provided, however, that the burden of establishing eligibility
for a waiver shall be on the organization or institution applying
for such waiver.
Any person conducting a yard sale without first obtaining a
permit therefor or who shall violate any of the other provisions and
regulations of this chapter shall, upon conviction, be fined not less
than $20 nor more than $250 or be imprisoned for a period not to exceed
10 days for each violation. Each day that such sale shall continue
without a proper permit shall be considered a separate violation.