[HISTORY: Adopted by the Borough Council of the Borough of Sinking Spring as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-27-2014 by Ord. No. 611]
For the purpose of this article, the following shall apply when used herein:
APPLICANT
The person who lives at the property upon which the proposed yard sale or garage sale is proposed to occur. The applicant shall individually apply for a permit for each proposed sale under this article.
GARAGE SALE
A public sale of goods in a garage located on a residential property.
PERSON
Any person, association, partnership, firm, corporation or other legal entity.
YARD SALE
An outdoor public sale of goods on a residential property.
Except as herein described, it shall be unlawful for a person to hold a yard or garage sale without first applying for and obtaining a permit in compliance with the terms of this article.
Applicants for a permit under this article shall submit an application in writing, on a form approved by the Borough for that purpose, which sets out the following:
A. 
The name and address of the applicant.
B. 
The proposed date of the sale.
C. 
A statement confirming that the items to be sold belong to the household conducting the sale and that said goods were not purchased or obtained for resale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The permit for any sale governed by this article shall be free for the first yard sale and an amount as set by resolution of the Borough Council from time to time for each successive sale, to the maximum of four per year.
Upon submission of the application and payment of the fee, as referenced above, and upon determination by the Borough's Code Enforcement Officer that the application meets all requirements of this article, the Borough shall issue a permit.
A permit for a yard or garage sale shall be valid for two consecutive dates identified in the permit application, and any sale may only be conducted during daylight hours.
A. 
Yard sales and garage sales shall be limited to four days per calendar year per residence.
B. 
Items to be sold must belong solely to the household where the sale is to be held.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article 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 article 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 article in equity in the Court of Common Pleas of Berks County.
The provisions of this article are hereby declared to be severable; if any section, sentence, clause or phrase of this article shall be held to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this article, but it shall remain in effect, it being the intent that this article shall stand notwithstanding the validity of any part.
Any and all prior ordinances inconsistent with the provisions of this article are hereby repealed.