[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 8-13-1980
as Ord. No. 210. Amendments noted where applicable.]
It shall be unlawful for any person to conduct a garage sale in the
Borough of Brooklawn without having first obtained a license to do so, to
be known as a “garage sale license,” from the Borough Clerk of
the Borough of Brooklawn.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales known as “garage sales,” “lawn
sales,” “attic sales,” “rummage sales” or “flea
market sales” and any similar casual sales of tangible personal property
which are advertised by any means whereby the public at large is or can be
made aware of said sale.
Any person or persons, firm, association, partnership, club or corporation.
An application for a license to conduct a garage sale shall be filed
with the Borough Clerk on forms to be furnished by the borough, which forms
shall include the following information:
A.
The name and address of the person conducting said sale.
B.
The name and address of the owner of the property on
which said sale is to be conducted, together with the written consent of such
owner if the applicant is other than the owner .
C.
The location at which the sale is to be conducted.
D.
The date said sale is to take place.
E.
The date and nature of any past sale conducted by the
applicant within the Borough of Brooklawn.
Application for such license shall be made not less than two weeks prior
to the date of the sale to be conducted pursuant to the license applied for.
No fee is to be paid for the license.
No license may be issued to any person more than once in any six-month
period. No license shall be issued for any location within the Borough of
Brooklawn more than once in any six-month period.
The license to be issued hereunder shall authorize the holding of a
garage sale for not more than one calendar day, except that a license may
authorize the holding of a garage sale on a second day if rain or inclement
weather prevents such sale from being held on the first designated day.
Garage sales shall not commence before 8:00 a.m. and must be terminated
by sundown. No garage sale shall be permitted to be held or conducted on Sunday.
Garage sales shall offer for sale only used items of personal property
owned by the person conducting the garage sale or by the owner of the property
upon which the sale is conducted. No new merchandise shall be offered for
sale.
No advertising of garage sales shall be permitted, except that a sign
not greater in size than three by four feet may be placed on the property
where the sale is to be conducted. Such sign shall be posted not earlier than
seven days prior to the day the sale is to be conducted and shall be removed
not later than 48 hours after the sale is conducted. No sign shall be placed
on any public right-of-way.
The license issued hereunder shall be prominently displayed on the premises
upon which the garage sale is conducted throughout the entire period of the
sale.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Persons selling goods pursuant to any order of any court
of competent jurisdiction.
C.
Any bona fide religious, educational or charitable institution
or organization or governmental agency.
D.
Any casual sale conducted within a building or structure
and consisting of not more than five separate items.
The person to whom a license is issued and the owner and/or tenant of
the premises on which a garage sale is conducted shall be jointly and severally
responsible for the maintenance of good order on the premises during the hours
in which a garage sale is conducted. No such person shall permit any loud
or boisterous conduct on said premises nor permit vehicles to impede the passage
of traffic on any streets in the vicinity of such premises. All such persons
shall obey the reasonable orders of any member of the Police or Fire Department
of the Borough of Brooklawn in order to maintain the public health, safety
and welfare. All licensed premises shall be subject to such reasonable rules
as may be made from time to time by the Mayor and Council of the Borough of
Brooklawn and shall be subject to inspection by the Building Inspector, Chief
of Police and Fire Chief or any of their agents or duly authorized representatives
of the Borough of Brooklawn.
Nothing contained in this chapter shall be deemed to alter in any manner
any provision of any zoning ordinance of the Borough of Brooklawn, its amendments
or supplements.[1]
Any person violating any of the provisions of this chapter shall, upon
conviction, be punished by a fine not to exceed 500 or imprisoned in the county
jail for a period not to exceed 90 days, or both, in the discretion of the
Judge before whom such conviction shall be had.
