[Ord. 493, 5/7/1973, § 1]
For the purpose of this Part, the following shall apply:
A public sale of land or goods at public outcry to the highest
bidder on the spot.
A sale by an individual of his personal property with no
frequency or regularity.
A public sale of goods conducted in a residentially associated
garage.
A public sale of goods including by appointment, conducted
in any portion of a residence.
An outdoor public sale of goods on residential property.
Any person, association, partnership, firm or corporation.
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In this Part, the singular shall include the plural, the plural
shall include the singular and the masculine shall include the feminine
and the neuter.
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[Ord. 493, 5/7/1973, § 2]
Except as hereinafter described, it shall be unlawful for any
person to hold an auction, garage sale, lawn sale or home sale without
first obtaining a license in compliance with the provisions of this
Part.
[Ord. 493, 5/7/1973, § 3]
Applicants for a license under this Part must file with the
Borough Manager an application in writing, on a form to be furnished
by said officer, which shall give the following information:
1.
Name and address of applicant;
2.
Type of auction or sale;
3.
Items to be sold;
4.
Dates of sale;
5.
A statement affirming that the goods to be sold belong to the applicant
or his household, and that said goods have not been purchased or obtained
solely for this sale, with the exception of charities and service
organizations as exempted by this Part.
[Ord. 493, 5/7/1973, § 4; as amended by Ord. 675,
11/17/1986]
[Ord. 493, 5/7/1973, § 5]
Upon payment of fees as listed in § 13-204, and upon determination by the Manager that the application meets all the requirements for a license, the Manager shall issue a license.
[Ord. 493, 5/7/1973, § 6]
1.
A license for an auction shall be good for one day only. In the event
that inclement weather causes postponement of the auction, the license
will be valid for a new date provided the Manager is notified prior
to the new date.
2.
A license for a garage, lawn or home sale shall be valid for three
days.
[Ord. 493, 5/7/1973, § 7]
The license must be displayed at all times during auctions or
sales.
[Ord. 493, 5/7/1973, § 8; as amended by Ord. 680,
6/1/1987]
1.
Garage sales, lawn sales, and home sales shall be limited to two
licenses per calendar year, per residence.
2.
Auctions in residential areas shall be limited to one per household
per year except that this provision shall not apply when the auction
is to settle an estate.
3.
Items to be sold at garage sales, lawn sales, and home sales must
belong solely to the household where the sale is held. It shall be
unlawful to bring in and sell goods belonging to others or to purchase
items specifically to sell in a garage sale, lawn sale or home sale,
with the exception of such sales conducted on behalf of a charitable
or service organization.
[Ord. 493, 5/7/1973, § 9]
Garage sales, lawn sales, home sales may be held only between
9:00 a.m. and 8:00 p.m.
[Ord. 493, 5/7/1973, § 10]
A license granted under this Part does not permit encroachment
on the right-of-way (sidewalk or street).
[Ord. 493, 5/7/1973, § 11]
Nothing in this Part shall be construed to prohibit or regulate
casual sales.
[Ord. 493, 5/7/1973, § 12; as amended by Ord. 675,
11/17/1986]
Any person, firm or corporation who shall violate any provision
of this Part 2 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days.
