[Ord. 341, 6/10/1985, § 1]
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the contents, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory:
GARAGE SALE
Includes all general sales, open to the public, conducted
for the purpose of disposing of personal property including, but not
limited to, all sales entitled or commonly known as "garage sales,"
"lawn sales," "home sales," "yard sales," "attic sales," porch sales,"
"room sales," "back yard sales," "patio sales," "flea market sales,"
or "rummage sales." This definition shall not include a situation
where no more than five specific items are held out for sale and all
advertisement of sales specifically names those items to be sold.
PERSON
Any person, association, partnership, firm, corporation,
estates, fiduciaries, copartnership or other entity except a governmental
entity.
PERSONAL PROPERTY
Tangible property which is owned, utilized and maintained
by an individual or members of his or her residence and acquired in
the normal course of living in or maintaining a residence.
[Ord. 341, 6/10/1985, § 2]
It shall be unlawful for any individual to offer for sale or
sell personal property other than in strict compliance with the terms
and conditions of this Part.
[Ord. 341, 6/10/1985, § 3]
1. It shall be unlawful for any person to hold a garage sale without
first obtaining a permit in compliance with the provisions of this
Part.
2. Applicants for a permit under this Part must file with the Borough
Secretary an application in writing on a form to be furnished by the
Borough Secretary, which shall give the following information:
A. Name and street address of applicant(s).
D. Place of sale, if different from street address of applicant(s).
3. The fee for such application shall be set, to time, as the case may
be, by resolution of Borough Council.
4. Upon determination by the Secretary that the applicant meets all
of the requirements for a permit, the Secretary shall issue a permit.
5. Permits shall be numbered, and a record of this number shall be kept
by the Secretary in the Borough office.
6. In the event that inclement weather causes postponement of the sale,
the permit will be valid for a new date, provided the Borough Secretary
is notified in writing 48 hours prior to the new date.
7. The permit must be displayed at all times during the sale in a prominent
location, visible from the street.
[Ord. 341, 6/10/1985, § 4]
Garage sales shall be limited to two one-day sales per calendar
year or one two-day sale per calendar year.
[Ord. 341, 6/10/1985, § 5]
Garage sales shall only be held between the hours of 7:00 a.m.
and 8:00 p.m., prevailing time.
[Ord. 341, 6/10/1985, § 6]
No person conducting a garage sale shall encroach upon, or shall
permit any encroachment upon, any right-of-way (sidewalk or street).
[Ord. 341, 6/10/1985, § 7; as amended by Ord. 380A,
10/14/1991]
1. No more than five signs shall be displayed advertising any garage
sale.
2. Only Borough supplied signs shall be used.
3. Signs may be placed no earlier than 48 hours before the sale and
shall be removed no later than 24 hours following the sale.
4. Only string or similar material may be used to attach signs to poles
or posts. No nails, staples or wire may be used.
5. Signs shall not be attached to traffic regulatory sign posts.
6. Permit number must be shown on all garage sale signs.
7. Nothing herein shall be construed to grant to any person the right
to trespass upon any private or public property for the purposes of
erecting or maintaining a garage sale sign or to permit the use of
Borough property for any garage sale sign.
[Ord. 341, 6/10/1985, § 8; as amended by Ord. 380A,
10/14/1991]
A permit shall be required and a fee paid for each separate
residence participating in any garage sale. There shall be no joint
permits acquired for multi-resident garage sales. Nevertheless, multi-resident
garage sales are a permissible event under the terms and conditions
of this Part, as long as all provisions of this Part are otherwise
followed.
[Ord. 341, 6/10/1985, § 9]
Before issuing a permit, the Borough Secretary may conduct an
investigation as may reasonably be necessary to determine if there
is compliance with this Part.
[Ord. 341, 6/10/1985, § 10]
All parking of vehicles shall be conducted in compliance with
all applicable laws and ordinances. The Borough Police Department
may enforce such additional, temporary controls to alleviate any special
hazards and/or congestion created by any garage sale.
[Ord. 341, 6/10/1985, § 11]
1. Any permit issued under this Part may be revoked, or any application
for issuance of a permit may be refused; if the application submitted
by the applicant or permit holder contains any false, fraudulent or
misleading statement.
2. If any individual is convicted of an offense under this Part, no
further permits shall be issued to that person for a period of two
years from the time of conviction.
[Ord. 341, 6/10/1985, § 12]
1. The provisions of this Part shall not to or affect the following:
A. Persons acting in accordance with their powers and duties as public
officials.
B. 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 under the zoning regulations of the Borough (including
the nonconforming use sections thereof) or under any other sale conducted
by a manufacturer, dealer or vender and which sale would be conducted
from properly zoned premises and not otherwise prohibited in other
ordinances.
C. Any bona fide charitable, educational, cultural or governmental institution
or organization when the proceeds from such sale are used directly
for the institution's or organization's charitable purposes
and the goods or articles are not sold on a consignment basis.
D. Auction sales conducted by licensed auctioneers.
[Ord. 341, 6/10/1985, § 13]
Each article sold and each day of sale that is conducted in
violation of this Part shall constitute a separate offense hereunder.
[Ord. 341, 6/10/1985, § 14]
Any person violating any of the provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine not to exceed
$300.