As used in this chapter, the following terms shall have the
meanings indicated:
EXCEPTIONS
Churches, schools, and quasi-public entities, as approved
at the annual reorganization meeting of the Governing Body, are exempt
from the regulations governing goods.
GARAGE SALES IN RESIDENTIAL ZONES
Includes all sales entitled "garage sale," "neighborhood
garage sale," "lawn sale," "attic sale," "rummage sale," "flea market
sale," "neighborhood sale," "estate sale," "yard sale" or any similar
casual sale of tangible property which is advertised by any means
whereby the public at large is or can be made aware of said sale.
Excluded from the meaning of this term shall be auctions or similar
events at which tangible personal property is sold to the highest
bidder.
GOODS
Includes any household goods, merchandise or other property
capable of being the object of a sale regulated hereunder; provided,
however, that such goods, merchandise or other property is not purchased
and/or brought onto the premises specifically for the purpose of resale.
PERSON
Includes individuals, partnerships, voluntary associations,
organizations and corporations.
Application for a license shall be made, in writing, to the
Borough Clerk at least five days prior to the date of commencement
of such sale and shall set forth the following:
A. Name of the person, firm, group, corporation, association or organization
conducting said sale.
B. Name of the owners of the property on which said sale is to be conducted
and consent of the owner if the applicant is other than the owner.
C. Location at which the sale is to be conducted.
D. Date or dates of the sale.
E. Date and nature of any prior sale.
F. Relationship or connection the applicant may have had with any other
person, firm, group, organization, association or corporation conducting
said sale and the date or dates of such sale.
G. General description of the type of goods to be sold, including a
statement as to whether or not any of said merchandise was purchased
by the applicant for the purpose of resale.
H. Whether or not the sale will be held indoors or outdoors, or both.
Any garage sale authorized under the provisions of this article
shall be conducted between the hours of 9:00 a.m. and 7:00 p.m. only.
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. Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the Zoning Ordinance of the Borough or under the protection of the nonconforming use provisions
thereof, or any other sale conducted by a manufacturer, dealer or
vendor and which sale would be conducted from properly zoned premises
and not otherwise prohibited in the Code.
It shall be duty of the Borough Property Maintenance Official
and the Police Department to enforce the provisions of this chapter.
Except as otherwise provided in this chapter, any person who
violates or refuses to comply with this chapter shall be liable to
a penalty of $100 for each offense.