[Ord. #542; 1972 Code § 57-1]
As used in this section:
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale" or "flea market," 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.
Shall include any goods, warehouse merchandise or other tangible
personal property capable of being the object of a sale regulated
hereunder.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[Ord. #542; 1972 Code § 57-2; New]
It shall be unlawful for any person to permit, allow or conduct
a garage sale on premises in the Borough without first filing with
the Police Department the information hereinafter specified and obtaining
a license known as a "garage sale license." The fee for such license
shall be $5.
[Ord. #542; 1972 Code § 57-3]
a.
A garage sale license shall be issued to any one person or for the
same premises only twice within a twelve-month period, and no such
license shall be issued for more than two consecutive calendar days.
b.
Each license issued pursuant to this section shall be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the licensed sale.
[Ord. #542; 1972 Code § 57-4]
The information to be filed with the Police Department, pursuant
to this section, 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 such 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.
Number of days of the sale.
e.
Date and nature of any past sale.
f.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
[Ord. #542; 1972 Code § 57-5]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
[Ord. #542; 1972 Code § 57-6]
No more than one sign, not exceeding six square feet in area,
shall be permitted or displayed for the purpose of advertising a garage
sale. The sign shall have a space allotted thereon upon which shall
be prominently endorsed the name and address of the person conducting
the sale. It shall be posted for not more than two days prior to the
date of the sale and only upon the premises on which said sale is
conducted, and such sign shall be removed within 24 hours after completion
of the sale.
[Ord. #542; 1972 Code § 57-7]
The provisions of this section 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 any item or items of personal
property which are specifically named or described in the advertisement
in 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 regulations of the Borough and not otherwise
prohibited by any other ordinance or statute.
e.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption.
[Ord. #542; 1972 Code § 57-9]
The person to whom such license 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 nor permit vehicles to impede the passage of traffic on any
roads or streets within the area and neighborhood of such premises.
All such persons shall obey the reasonable orders of any member of
the Police or Fire Departments in order to maintain the public health,
safety and welfare.
[Ord. #542; 1972 Code § 57-10]
Any person conducting a garage sale without being properly licensed therefor and who shall violate any of the other terms and regulations of this section shall, upon conviction, be liable to the penalty as established in Chapter 1, Section 1-5. Each day that such sale shall continue without being duly licensed shall constitute a separate violation.
