[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 11-2-1994 by Ord. No. 1603 (Ch. 111 of the 1989
Code). Amendments noted where applicable.]
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market sales or other casual sales. This chapter requires the obtaining of a permit to conduct such sales and limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted from the requirements of this chapter in § 258-8.
As used in this chapter, the following terms shall have the
meanings indicated:
All sales conducted on residential properties entitled "garage
sale," "lawn sale," "attic sale," "rummage sale," "yard sale," "flea
market sale" or any similar 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.
Any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Individuals, partnerships, voluntary associations and corporations.
[Amended 11-7-2007 by Ord. No. 1917-07]
It shall be unlawful for any person to conduct a garage sale in the Borough of Hawthorne without first filing with the Borough Clerk the information hereinafter specified and obtaining from such Clerk a permit so to do, to be known as a "garage sale permit." The fee for such permit shall be as set forth in Chapter 220, Fees, of the Code of the Borough of Hawthorne.
[Amended 11-7-2007 by Ord. No. 1917-07]
A.
Such permit shall be issued to any person residing in the same household
only two times within a calendar year, and no such permit shall be
issued for more than three consecutive calendar days. Charitable,
religious and civic organizations may be allowed more than two permits
with the approval of the Municipal Council, and the fees for such
organizations shall be waived.
B.
Each permit issued under this chapter must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the sale.
The information to be filed with the Borough Clerk, pursuant
to this chapter, shall be as follows:
A.
Name of the person, firm, group, corporation, association or organization
conducting such sale.
B.
Name of the owner of the property on which said sale is to be conducted
and the consent of the owner if the applicant is other than the owner.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale (not to exceed three days).
E.
Date and nature of most recent past sale.
F.
Relationship or connection the applicant may have had with any other
person, firm, group, organization, association or corporation conducting
a garage sale in the Borough within the current calendar year and
the date or dates of such sale.
G.
Whether or not the applicant has been issued any other vendor's
license by any local, state or federal agency.
H.
A sworn statement or affirmation by the person signing that the information
therein given is full, true and known to him to be so.
All garage sales shall be conducted only between the hours of
9:00 a.m. and sundown.
Temporary signs are permitted only one day before and on the
days of the sale. No temporary signs are permitted on public property
or within any public right-of-way or sidewalk. This requirement extends
to trees, utility poles, street or traffic signs. All temporary signs
are to be removed within 48 hours of the ending of the sale. No more
than six signs advertising the garage sale shall be permitted, and
no sign shall be more than four square feet in size.
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 person 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.
D.
Persons conducting a garage sale at such time as the Borough of Hawthorne,
by duly adopted resolution, conducts a Borough-wide garage sale.
[Added 11-7-2007 by Ord. No. 1917-07]
A.
This chapter may be enforced by any officer of the Police Department
or the Zoning Officer, Housing Officer or any Code Enforcement Officer
of the Borough of Hawthorne.
B.
The person to whom such permit is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on said
premises or permit vehicles to impede the passage of traffic on any
roads or streets or interfere with the orderly passage of pedestrian
traffic on sidewalks in the area of such premises. All goods offered
for sale shall be removed from public view within 12 hours after the
completion of the garage sale. All such persons shall obey the reasonable
orders of any member of the Police Department of the Borough of Hawthorne
in order to maintain the public health, safety and welfare.
[Amended 11-7-2007 by Ord. No. 1917-07]
[Amended 6-6-2007 by Ord.
No. 1902-07]
Any person, firm, association or corporation convicted of violating
any provision of this chapter, or any amendment or supplement thereto,
shall be subject to a fine not exceeding $2,000 or imprisonment for
a term not exceeding 90 days, or both.
