The following terms as used herein shall be
defined as follows:
GARAGE SALE
All sales often referred to as "garage sale," "lawn sale,"
"driveway sale," "rummage sale" or "flea market sale" or any similar
or casual sale of tangible personal property, which is advertised
by any means, whereby the public at large is or can be made aware
of such sale.
GOODS
Tangible personal property capable of being the object of
a garage sale.
PERSON
Individuals, partnerships, corporations, voluntary associations
or organizations.
[Amended 9-14-2015 by Ord. No. 2286]
Application for a license shall be made, in
writing, on a form provided by the Borough Clerk at least three days
prior to the date of the commencement of such sale. The form provided
by the Borough Clerk shall set forth the following:
A. The name of the person conducting said sale.
B. The name of the owners of the property upon which
the sale is to be conducted and the consent of the owner if the applicant
is other than the owner.
D. The date and nature of prior sale.
E. The relationship of the applicant to the holder of
prior license issued to the same property.
F. The general description of the type of goods to be
sold, including a statement that said goods were not purchased for
the purpose of resale.
Garage sales shall be conducted, exclusively,
between the hours of 9:00 a.m. and 7:00 p.m.
The advertisement of a garage sale shall be
regulated as follows:
A. Only one outdoor sign shall be permitted.
B. Such sign shall not exceed three square feet in size.
C. Such sign shall be displayed only on the dates and
during the hours of sale.
D. Such sign shall only be displayed on the premises
upon which the garage sale is authorized.
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. Persons acting in accordance with the powers and duties
as public officials.
C. 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.
D. Any recognized nonprofit, civic or religious organization,
such as church or synagogue, veterans' organization, health organization,
school, etc.
E. 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 Ordinances of the Borough
or under the protection of the nonconforming use provisions 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.
The Borough Clerk shall keep the Chief of Police
informed of all permits and the dates thereof, which the Clerk shall
issue pursuant to this chapter. It shall be the duty of the Police
Department to enforce the provisions of this chapter.
[Amended 6-28-2010 by Ord. No. 2133]
Any person violating any provision of this chapter
shall, upon conviction, be subject to a fine of not less than $100
nor more than $2,000 or imprisonment for a term not exceeding 90 days,
or both. Each and every nonconformance with this chapter or each day
that any provision of this chapter shall have been violated shall
be construed as a separate and distinct violation thereof.