[HISTORY: Adopted by the Borough Council of the Borough of Lansford 6-17-1997 by Ord. No. 97-5. Amendments noted where applicable.]
A. 
For purposes of this chapter, the following definitions shall apply:
APPLICANT
A person who maintains or lives at an address.
GARAGE SALE
A public sale of goods conducted in a garage associated with a residence.
HOME SALE
A public sale of goods conducted in any portion of a structure used as a residence.
LAWN SALE
An outdoor public sale of any goods in any portion of any property used as a residence.
PERSON
Any individual, firm, association, partnership, corporation or other business entity.
YARD SALE
An outdoor public sale of any goods on any part of any property used as a residence.
B. 
Words in the plural shall include the singular, words in the singular shall include the plural, words used in the present tense shall include the future tense, and the word "shall" as used herein shall be construed to be mandatory and not directory.
Except as hereinafter described, it shall be unlawful for any person to hold a garage sale, lawn sale, yard sale or home sale without first obtaining the license required by this chapter.
A. 
Applicants for the required license shall file with the Borough Secretary an application in writing on a form to be furnished by the Borough for that purpose; the form shall contain the following information:
(1) 
The applicant's name and address, and the address of the sale location.
(2) 
The type of sale to be conducted.
(3) 
The types of goods to be sold.
(4) 
The dates of the sale (not to exceed two consecutive days), and an alternate sale date in the event inclement weather causes postponement of the sale.
(5) 
A statement affirming that the goods to be sold:
(a) 
Belong to the household; and
(b) 
Have not been purchased or obtained solely for the prospective sale.
B. 
All applicants shall secure the required license not less than 24 hours prior to the date of any sale.
[Amended 5-5-1998 by Ord. No. 98-2]
A. 
The fee for the license required by this chapter shall be as Council for the Borough of Lansford may from time to time set by resolution.
[Amended 5-5-1998 by Ord. No. 98-2]
B. 
If any sale regulated by this chapter is sponsored by a charitable or service organization, there shall be no fee required for any license; provided further, however, said charitable or service organization must comply with the application provisions and must obtain a license in order to operate a sale within the Borough.
Upon a determination by the Borough Secretary that the application has been properly completed, and upon payment of the fee required by § 452-4 above, the Secretary shall issue the license.
A. 
Any license issued pursuant this chapter shall be valid for no more than two consecutive days.
B. 
In the event that inclement weather causes postponement of the sale, the issued license shall be valid for the alternate sale dates listed on the application, pursuant to § 452-3A(4) above.
The license shall be displayed at all times during the day of the sale.
A. 
No more than three licenses shall be issued per calendar year per residence.
B. 
All goods to be sold at any sale required to be licensed pursuant to this chapter must belong solely to the household where the sale is held; it shall be unlawful to:
(1) 
Bring in and sell goods belonging to others; and/or
(2) 
Purchase items specifically for the purpose of conducting any sale regulated hereunder; and/or
(3) 
Must be items normally found in a residence.
C. 
The provisions of § 452-8B above shall not apply to sales conducted by or on behalf of a charitable or service organization.
Any sale regulated by this chapter shall be held only between the hours of 8:00 a.m. and 8:00 p.m. prevailing time.
No sale for which a license has been issued shall be conducted within or upon any public right-of-way, including but not limited to a sidewalk, street, alley, etc., or parts thereof.
Posting of advertisements of a sale for which a license has been issued upon public utility poles or Borough property is prohibited and unlawful and punishable by § 452-12 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Carbon County.
If any section or provision of this chapter is declared by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the unconstitutionality, legality or validity of this chapter as a whole, nor the constitutionality, legality or validity of any other section or provision of this chapter other than the one so declared to be unconstitutional, illegal or invalid.