[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood 6-7-2006 by Ord. No. 06:10. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties and fines — See Ch. 174.
The following terms when used in this chapter shall be defined as follows:
GARAGE SALES
All sales of goods entitled "garage sale," "yard sale," "attic sale," "rummage sale," or "flea market sale," or any similar casual sale of tangible personal property that is advertised by any means whereby the public at large is or can be made aware of the sale.
GOODS
Any goods, warehouse merchandise, or other property capable of being the object of a sale regulated hereunder.
PERSON
Individuals, partnerships, companies, voluntary associations, and corporations.
The following regulations shall limit the conduct of garage sales within the Borough:
A. 
No person shall hold or conduct a garage sale without obtaining a permit from the Borough pursuant to this chapter.
B. 
No person shall conduct a garage sale within 90 days of the date of any previous garage sale conducted by that person.
C. 
No location or address shall serve as a site of any garage sale within 90 days of the date of any previous garage sale held at the location.
D. 
All garage sales shall be limited to the hours between 9:00 a.m. and 6:00 p.m. on any given day.
E. 
No single garage sale shall continue for more than two days.
F. 
No signs shall be used to advertise garage sales except those authorized by this chapter.
G. 
All signs advertising garage sales must be removed within 48 hours after 6:00 p.m. of the last day of the sale.
H. 
Permits must be prominently displayed at the time and location of the sale.
I. 
Applicants will have the option of requesting by telephone from the Borough Clerk the approval of one one-week extension of any permit issued if the sale is not conducted on the date permitted because of weather conditions.
A. 
Permit required. It shall be unlawful for any person to conduct a garage sale in the Borough without first filing with the Borough Clerk the information hereinafter specified and obtaining from the Borough Clerk a permit for the garage sale.
B. 
Fee. The fee for a garage sale permit is $5 per day.
C. 
Frequency of permits. No permit shall be issued to any one person within 90 days of the issuance of a permit to that person, nor shall any permit be issued for any location for a garage sale within 90 days of the issuance of a permit for that location.
D. 
Display of permit. Each permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
The following information shall be filed with the Borough Clerk for each permit for a garage sale.
A. 
The name of the person or organization conducting the sale.
B. 
The name of the owner of the property on which the sale is to be conducted.
C. 
The location or address where the sale is to be conducted.
D. 
The number of days and the dates of the sale.
E. 
The dates of previous sales by the applicant and the dates of previous sales at the location.
F. 
A statement by the applicant confirming that the information provided in the application is complete and known by the applicant to be true.
[Amended 12-13-2017 by Ord. No. 17:16]
All signs advertising garage sales:
A. 
Will comply with the regulations for temporary signs for private sales and events, which are contained in Chapter 233 of this Code; and
B. 
Will have a space for the insertions of the sale's location, the permit number, and the name(s) of the person(s) or entity conducting the sale. The names may be excluded if a Norwood resident is holding the sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
B. 
Person acting in accordance with their powers and duties as public officials.
C. 
Any person selling or advertising for sale an item or items of personal property that are specifically named or described in the advertisement and that separate items do not exceed five in number.
D. 
Any publisher of a newspaper, magazine, or other publication or other communication media that publishes or broadcasts in good faith without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this chapter have not been complied with.
E. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein the 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 that would be conducted from properly zoned premises and not otherwise prohibited in the Code of the Borough.
F. 
Any bona fide charitable, eleemosynary, educational, cultural, or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming the exemption. Organizations claiming this exemption must still apply for a permit and use signs permitted by this chapter; however, the fee for the permit shall be waived.
This chapter shall be enforced by the Borough's Police Department, Construction Code Official, and the Zoning Enforcement Officer; provided, however, that the Police Department shall notify the Construction Code Official or Zoning Enforcement Office of any violations of this chapter that come to the attention of the Department either by complaint or by observation of a patrolling officer.
Adherence to this chapter shall be the responsibility of the person to whom a permit is issued and the owner or tenant of the premises on which a sale is conducted. In addition to any other duties or obligations imposed by this chapter, the responsible persons, as set forth herein, shall cooperate with the members of the Police Department of the Borough, the Construction Code Official, or the Zoning Enforcement Officer in ensuring that the conduct of the sale does not impede the normal flow of traffic or otherwise endanger the health, safety, and welfare of persons present at the sale and other the residents of the Borough.
Any person convicted of violating the provisions of this chapter shall be subject to the penalties set forth in Chapter 174, except that the fine for each sign in violation of this chapter shall be $10 per sign.