[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 12-12-1972 by Ord.
No. 72-07-208. Section 95-7 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
From and after the effective date of this chapter, no person,
association or corporation shall conduct any commercial or business
activity on residential property in the Borough of Pine Beach commonly
known as "garage sales" or any activity of like nature except upon
compliance with the provisions of this chapter and upon first obtaining
a license therefor as required by this chapter.
[Amended 9-10-2014 by Ord. No. 14-10-721]
Any person, association or corporation desiring to conduct such
garage sale or like activity upon residential property in the Borough
of Pine Beach shall first apply to the Borough Clerk for a license
permitting such activity on such form or application as shall be provided
by the Borough Clerk for such purpose.
A.
If a Pine Beach volunteer organization desires to have a Community
Yard Sale as a fund-raiser, registration is through the organization.
No individual permits will be issued by the Borough during the Community
Yard Sale period. Participation in the Community Yard Sale will not
count as the no charge sale for the applicant.
Upon making application to the Borough Clerk for such license,
the person applying therefor shall pay a license fee of $10. The Borough
Clerk shall thereupon issue such license to the person applying therefor.
Nonprofit or charitable organizations applying for such permits shall
pay a license fee of $5. Such license shall permit the conduct of
a garage or similar type sale for a period not in excess of three
consecutive days where the applicant is other than a nonprofit or
charitable organization. In the case of nonprofit or charitable organizations,
the license shall permit the conduct of such garage, flea market or
similar type sales for a period of one day. In the case of all applicants,
the sale or similar activity may be extended for additional consecutive
days upon the payment of an additional license fee of $5 for each
such additional day. The first sale in each year will be at no charge
to the applicant, but fees as outlined herein shall be charged for
each subsequent sale.
The license issued by the Borough Clerk shall be valid for a
period of 30 days following the date of its issuance. The sale may
be conducted by the applicant at any time within said thirty-day period,
subject to the requirement that the sale shall be on consecutive days
within said thirty-day period.
No garage, flea market or similar type sales or activity shall
be conducted pursuant to the license issued therefor except between
the hours of 9:00 a.m. and 5:00 p.m.
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 in the area of such premises. All such persons shall
obey the reasonable orders of any member of the Police or Fire Departments
of the Borough of Pine Beach in order to maintain the public health,
safety and welfare. Such person conducting the sale is under obligation
to summon members of the Police Department if any person or persons
become unruly during such sale or activity.
Any person, association or corporation conducting any such sale
or similar activity without being properly licensed therefor or who
shall violate any of the other terms and regulations of this chapter
shall, upon conviction, be subject to one or more of the following:
a fine not to exceed $1,000, imprisonment for a period not to exceed
90 days or community service for a period not to exceed 90 days for
each violation. Each day that such sale shall continue without being
duly licensed shall be considered a separate violation.
