[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 7-7-2003 by Ord. No. 807 (Ch. 60B of the 1973 Code). Amendments noted where applicable.]
Zoning and land development — See Ch. 94.
This chapter shall be known as "Private Sales and Auctions."
[Amended 12-3-2007 by Ord. No. 905]
The following words and phrases as used in this chapter shall have the meanings and definitions indicated:
- PRIVATE AUCTION
- The sale, offering for sale to the highest bidder, barter, exchange or display of any new or used goods, including but not limited to furniture, sporting goods, fixtures, tools, equipment, food, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage, conducted upon private premises, and conducted by a person employed for said purpose whether compensated or not. "Estate sales" are deemed to be private auctions and shall be governed by this definition.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling, house or other structure.
- PRIVATE SALE
- The sale, barter, exchange or display of any new or used goods, owned by the licensee or consigned to him/her, including but not limited to furniture, sporting goods, fixtures, tools, equipment, food, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage, conducted upon private premises. Private sales shall include all sales entitled "private sale," "garage sale," "lawn sale," "rummage sale," "tag sale," or "flea market sale," 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.
No private sale or private auction shall be conducted within the Borough of Shrewsbury except in conformance with the provisions of this section.
No private sale or private auction shall be conducted within the Borough of Shrewsbury unless a permit shall have first been issued by the Borough Clerk permitting same.
No private sale or private auction shall be conducted within the Borough of Shrewsbury except between the hours of 9:00 a.m. and sunset on the day for which a permit is issued. No permit shall be issued for more than three consecutive days.
The provisions of this section shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
Persons acting in accordance with their powers and duties as public officials;
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement, and which separate items do not exceed five in number;
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, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited by an ordinance of the Borough.
Upon filing an application with the Borough Clerk stating the name of the person(s), firm, group, corporation, association or organization conducting such sale; name of owner(s) or lessee(s) of the property on which the sale is to be conducted; the date and place where the private sale or private auction is to be conducted; the type of merchandise to be sold; and the date upon which the last permit, if any, was issued, either to the applicant or for the same premises covered by the current application, together with the filing fee, the Borough Clerk shall issue a permit authorizing same.
An application shall be filed for a private auction not less than 21 days prior to the date of the proposed auction, and one for a private sale not less than 10 days prior to the date of the proposed sale, together with a fee in the amount of $5 for a private sale, $50 for a private auction, for the issuance of a permit. The permit shall be issued within five business days of filing.
Upon receipt of an application the Borough Clerk shall refer same to the Police Department, which shall examine the proposed sale site to determine whether the proposed sale poses a possible threat to pedestrian, vehicular or public safety. In the event the Police Department determines that special conditions should be imposed on the sale for reasons of pedestrian, vehicular or public safety, the Police Department shall make such reasonable conditions as may be necessary to protect the public. These conditions may include (but are not limited to) requiring the permittee to employ a special police officer, or officers, to direct traffic and/or pedestrians; limiting the hours of sale; requiring additional parking; limiting the number of persons at the sale site; etc.
No person, firm or corporation shall be issued more than two permits within a one-year period; nor shall more than two permits be issued for any one location within a one-year period.
In connection with the conduct of any private sale or public auction, advertising signs shall be permitted only on the premises at which the sale or auction is to be held, on other private property with the permission of the property owner. Placement of any other sign on public or private property is expressly prohibited.
The size of any sign permitted by the terms of this section shall not exceed two feet by three feet.
No sign advertising any private sale or private auction governed by the provisions of this section shall be erected earlier than two days prior to the commencement of such sale or auction, and any such sign shall be removed immediately upon the expiration of the permit authorized under § 188-4 of this chapter.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine of not less than $50 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day that such violation shall continue shall be considered a separate violation.
This section shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violations of this section coming to its attention, whether by complaints or arising from its own personal knowledge, and if a violation is found to exist, it shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this section.