[Adopted 8-4-1989 by Ord. No. 1019 (Ch. 1462 of the 1979
Codified Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
GARAGE SALE
Any porch, garage, auction, remnant, rummage, yard or similar
sale of a temporary or random nature, whether or not the proceeds
are used for public, private or charitable purposes, and whether or
not such sale takes place by means of an auction, cooperative or group
sale or private individual sale.
GARAGE SALE SIGN
Any sign advertising the public sale of household goods or
chattels, including, but not limited to, vehicles, clothing, appliances,
furniture, fixtures, commercial items, trade goods, antiques, collectibles
or other tangible personal property for sale to the public by auction,
private sale or otherwise, where such tangible personal property is
located at one specific address within any commercial, industrial
or residential zone of the Borough, and offered for sale by the owner
or representative of the owner thereof, which tangible personal property
is not offered by the owner thereof in the usual or regular course
of the business of the owner thereof.
SIGN
Any structure, device, light or natural object, including
the ground itself, or any part thereof, or any device attached thereto,
or painted or represented thereon, which is used to identify, advertise
or attract attention to any object, product, place, activity, person,
institution, organization, firm, group, commodity, profession, enterprise,
industry or business, or which displays or includes any letter, number,
word, model, banner, flag, pennant, insignia, device or representation
used as an announcement, direction or advertisement and which is intended
to be seen from off the premises. "Sign" includes signs which are
displayed inside of windows and glass doors and are intended to be
seen from off the premises.
No person shall display or exhibit a sign which advertises or represents any garage sale, except in accordance with this article. In the event of a violation of this article, such person shall be subject to the penalty provided for in Chapter
1, Article
III, General Penalty.
Any person conducting a garage sale in any zoning district of
the Borough, including the Historic District, intending to utilize
a sign to advertise or give notice of such sale, on or off of the
premises where the sale is to occur, shall advertise or give notice
of such sale by means of a sign posted on private property, with the
permission of the property owner upon which premises any such sign
is erected, constructed or maintained. At the request of the Building
Code Official, the Manager or any police officer in uniform, the owner
or user of any such sign posted on premises other than those premises
owned by, belonging to or leased by him or her, shall present, after
such request, a copy of the written permission of the owner of the
premises upon which any such sign is located.
No person who constructs, erects or maintains a garage sale
sign upon the land of another shall fail to completely remove such
sign and all parts thereof from the property of the other upon notice
from such property owner to remove such sign, or shall fail to remove
such sign within 24 hours after the termination of the garage sale
for which the sign was erected, whichever first occurs. Failure to
remove a garage sale sign after notice from the property owner to
the person erecting such sign shall be construed to be a private nuisance
and abatable.
After the effective date of this article (Ordinance No. 1019,
adopted August 4, 1989), no person shall construct, erect or maintain
any garage sale sign upon any public property, including, but not
limited to, rights-of-way, parks, streets, roads, highways or any
other public area within the confines of the Borough. No person shall
construct, erect or maintain a garage sale sign upon any utility pole,
public building, lamppost, fence, traffic sign, traffic signal or
any other public structure within the confines of the Borough.
For the purposes of this article, it shall be considered prima
facie evidence that the person owning, leasing or occupying the premises
and sponsoring the garage sale for which the subject sign is an advertisement
shall be considered the person constructing, erecting and maintaining
such sign which is the subject of any alleged violation of this article.