[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.]
GENERAL REFERENCES
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:
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.
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.
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.
A.
No private sale or private auction shall be conducted
within the Borough of Shrewsbury except in conformance with the provisions
of this section.
B.
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.
C.
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.
D.
The provisions of this section shall not apply to
or affect the following persons or sales:
(1)
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction;
(2)
Persons acting in accordance with their powers and
duties as public officials;
(3)
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;
(4)
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.
A.
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.
B.
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. The $5
private sale permit fee shall not apply to any application submitted
as part of a Council-approved, Borough-wide yard sale.
[Amended 5-16-2022 by Ord. No. 2022-1093]
C.
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.
D.
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.
A.
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.
B.
The size of any sign permitted by the terms of this
section shall not exceed two feet by three feet.
C.
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.
