[Derived from Sec. 7-12 of the 1969 Revised General Ordinances;
amended in its entirety 7-13-2020 by Ord. No. 2020-04]
As used in this article, the following terms shall have the
meanings indicated:
GARAGE SALES
Includes all sales entitled "garage sales," "lawn sale,"
attic sale," "rummage sale" or "flea market" or any similar casual
sale of used tangible personal property in a residential area of the
Borough which is advertised by any means whereby the public at large
is or can be made aware of such sale.
GOODS
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
PERSON
Includes individual, partnerships, voluntary associations
and corporations.
Any person desiring to conduct a garage sale shall first notify
the Borough Clerk no later than one week before the date of such sale
and shall provide the following information:
A. Name of person conducting the sale.
B. Location or address at which sale is to be conducted.
The provisions of this article shall not apply to or affect
the following:
A. Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
B. Any person selling or advertising for sale an item or items of used
personal property which are specifically named or described in the
advertisement and which separate items do not exceed five in number.
C. Any bona fide charitable, eleemosynary, educational, cultural, religious
or governmental institution or organization.
[Derived from Sec. 7-13 of the 1969 Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
COMMERCIAL DISPLAYS or OUTDOOR COMMERCIAL DISPLAYS AND SALES
(hereinafter referred to as "commercial displays")
Includes all sales entitled "sidewalk sales," "bargain sales," "holiday sales" or other occasional displays or sales conducted wholly or partly outdoors by any merchant or mercantile or other business from or at a place of business wherein such sale would be permitted by Chapter
120, Land Development, or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from a properly zoned premises.
GOODS
Any goods, warehouse merchandise or to other property capable
of being the object of a sale regulated hereunder.
PERSON
Any individuals, partnerships, voluntary associations and
corporations.
It shall be unlawful for any person to conduct commercial displays in the Borough without first filing with the Borough Clerk the information hereinafter specified and obtaining from the Clerk a permit to do so. The fee for such permit shall be as set forth in §
91-6 of Chapter
91, Fees.
The information to be filed with the Borough Clerk pursuant
to this article shall be as follows:
A. Name of person, firm, group, corporation, association or organization
conducting the display.
B. Name of the property on which the display is to be conducted, together
with consent in writing by owner if the applicant is other than the
owner, provided, however, that where the person requesting the permit
is a merchant under written lease, no further written consent for
a permit shall be required, and the fact that there is a written lease
shall be so stated.
C. Location at which the display is to be conducted.
D. A drawing or sketch reasonably approximating the areas of the property
where the commercial display shall take place. The adequacy of such
a drawing or sketch shall be determined by the Code Enforcement Officer,
who may require a supplemental drawing or sketch if the submitted
drawing or sketch is deemed by said officer to be inadequate before
the Clerk issues a permit.
E. Proposed duration of display.
F. Whether or not applicant has been issued any other vendor's license
or permit by any local, state or federal agency.
G. An affirmation or sworn statement by the person signing that the
information given is true.
Commercial displays shall be conducted between 8:00 a.m., exclusive
of setup time, and 10:00 p.m., inclusive of the removal of goods and
dismantling of racks, shelves or any other device used to display
such goods.
All persons are prohibited from making or displaying any sign other than two price signs not more than 20 inches by 20 inches in dimension in conjunction with a display under this article unless otherwise authorized by Chapter
120, Land Development.
Provision of this article shall not apply to or affect the following
persons or sales:
A. Persons displaying goods according to an order of process of a court
of competent jurisdiction.
B. Persons acting in accordance with their duties and powers as public
officials.
C. Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization.
[Amended 2-6-2006 by Ord. No. 2006-02]
Any person, association or corporation conducting any such display
or similar activity without obtaining the proper permit or who shall
violate any of the other terms and regulations of this article may
have their permit summarily revoked by the Code Enforcement Officer.
Such person shall also, upon conviction for any violation thereof,
be punished by one or more of the following: a fine not exceeding
$2,000 or by imprisonment for a term not exceeding 90 days or by a
period of community service not exceeding 90 days. Each day's continued
violation of this article shall constitute a separate and distinct
offense against the provisions thereof.