[HISTORY: Adopted by the Mayor and Council of the Borough
of Barrington 1-11-1983 by Ord.
No. 445. Amendments noted where applicable.]
The following terms, wherever used herein or referred to in
this chapter, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
Shall include all sales known as "yard sales," "attic sales,"
"rummage sales" or "flea market sales," and any similar casual sales
of tangible personal property which is or are advertised by any means
whereby the public at large is or can be made aware of said sale.
Any person or persons, firm, association, partnership, club
or corporation.
No person shall conduct a garage sale in the Borough of Barrington
without having first obtained a license to do so from the Borough
Clerk. The provisions of this chapter shall not apply to or affect
the following persons or sales:
A.
Persons selling goods pursuant to any order of any court of competent
jurisdiction.
B.
Any sale conducted by a merchant or other business establishment
from a place of business where sales are permitted by the Zoning Ordinance
of the Borough of Barrington or permitted as a nonconforming use.
C.
Any bona fide religious, educational or charitable institution or
organization or governmental agency.
A.
An application for a sale under this chapter shall be filed with
the Borough Clerk on a form furnished by the Borough Clerk, together
with the appropriate fee therefor.
B.
The application for a sale to be conducted under this chapter shall
be filed with the Borough Clerk not later than two weeks before said
sale.
C.
The application shall state the following:
(1)
The name and address of the person conducting said sale.
(2)
The name and address of the owner of the property on which said sale
is to be conducted, together with the written consent of such owner
if the applicant is other than the owner.
(3)
The location on the property at which the sale is to be conducted.
(4)
The date said sale is to take place.
(5)
The date and nature of any past sale conducted by the applicant within
the Borough of Barrington.
[Amended 7-11-2006 by Ord. No. 855]
A license fee of $5 shall be paid for each sale conducted under
this chapter and shall be paid with the application. In the event
that the sale dose not take place for any reason, the license fee
shall not be refunded.
No license shall be issued to any person more than once in any
six-month period, and no license shall be issued for any location
within the Borough of Barrington more than once in any six-month period.
The license issued hereunder shall authorize the holding of
a garage sale for not more than one calendar day, except that a license
may authorize the holding of a garage sale on a second day if rain
or inclement weather prevents such sale from being held on the first
designated day.
Garage sales licensed under this chapter shall not commence
before 9:00 a.m. and shall terminate by sundown.
Garage sales shall offer for sale only used personal property
owned by the person conducting the garage sale or by the owner of
the property on which the sale is conducted. No new merchandise shall
be offered for sale.
The license issued hereunder shall be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the sale.
[Amended 7-11-2006 by Ord. No. 855]
The person to whom a license is issued and the owner and/or
tenant of the premises on which the garage sale is conducted shall
be jointly and severally responsible for the maintenance of good order
on the premises during the hours in which a garage sale is conducted.
No such person shall permit any loud or boisterous conduct on said
premises nor permit vehicles to impede the passage of traffic on any
streets in the vicinity of such premises. All such persons shall obey
the reasonable orders of any member of the Police or Fire Department
of the Borough of Barrington in order to maintain the public health,
safety and welfare. All signs hung to advertise the garage sale must
be removed within 24 hours of the conclusion of the sale. All licensed
premises shall be subject to reasonable rules as may be made from
time to time by the Mayor and Council of the Borough of Barrington
and shall be subject to inspection by the Building Inspector, Chief
of Police and Fire Chief or any of their agents or duly authorized
representatives.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction for such violation, be subject
to a fine of not exceeding $500 or to imprisonment for a term not
exceeding 90 days, or to both such fine and imprisonment, in the discretion
of the Judge.
