[HISTORY: Adopted-by the Mayor and Council of the Borough of Brooklawn 7-22-1985 as Ord. No. 7-85. Amendments noted where applicable.]
This chapter shall be known as the “Used Personal Property Outside Sales or Purchase Regulation Ordinance of the Borough of Brooklawn.”
The purpose of this chapter is to protect the public health, safety and welfare by regulating the outdoor sales or purchases of used merchandise, antiques, equipment, furniture, toys, household appliances, lumber, building materials, plumbing, electrical or heating fixtures or equipment, pipe, motor vehicles or motor vehicle parts, trailers and all other used or second-hand personal property of whatever nature or kind within the Borough of Brooklawn, to authorize procedures for conducting such sales and to fix penalties for the violations of this chapter. This chapter is hereby declared to be remedial in nature and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purpose as stated herein.
No person, persons, partnerships, corporations, firms or other entities shall engage in the business of outside selling or purchasing used merchandise, antiques, equipment, furniture, toys, household appliances, lumber, building materials, plumbing, electrical or heating fixtures or equipment, pipe, motor vehicles or motor vehicle parts, trailers and all other used or second-hand personal property of whatever nature or kind within the Borough of Brooklawn without having first made written application to, and having received written prior approval of, the Mayor and Borough Council of the Borough of Brooklawn pursuant to procedures hereinafter provided.
Application for such approval shall be made to the Borough Clerk, in writing, and shall set forth the following information:
The name and address of the applicant and, if the applicant is a corporation or other legal entity, then the names and addresses of the holders of ten percent (10%) or more of the outstanding stock or interest in said corporation or other entity.
A description of the premises for which approval is sought, including the street address and tax map lot and block designation.
The street frontage and depth of said premises.
A description of merchandise to be sold.
The proposed hours of business.
The applicant shall pay whatever fee, if any, is prescribed by the Mayor and Borough Council, from time to time, at the time of filing said application. Upon the filing of a complete application as herein provided, the Borough Clerk shall schedule a hearing before the Mayor and Borough Council upon said application.
The applicant shall give 10 days' prior written notice, by certified mail, return receipt requested, or by personal service, of said hearing to all property owners within 200 feet of the property lines of the premises for which approval is sought advising of the nature of the application, and its time and place. Proof of the service of said notices shall be filed with the Borough Clerk prior to or at said hearing.
The Mayor and Borough Council may establish, from time to time, such filing fee for such application as they deem appropriate.
Sales or purchases of personal property, described in § 110-3 of this chapter, conducted within a closed building, as well as one residential yard sale per calendar year, shall be exempt from the provisions of this chapter.
No approval shall be granted upon an application filed hereunder unless the Mayor and Borough Council, after conducting a hearing as herein provided, shall make a determination that sales or purchases of used property shall not adversely affect the public health, safety or welfare. The proximity of homes, schools, churches or other places of assembly as well as parking facilities shall be considered in making said determination.
Any approval of outside sales or purchases of used personal property granted by the Mayor and Borough Council shall be conditioned upon the subject premises or the portion thereof used for such business being fenced in with a solid board fence or other similar material which would prevent the used property from being visible by persons living in neighboring residences or the general public utilizing public sidewalks or roadways. The size and location of such fencing shall comply with all borough ordinances and be approved by the appropriate borough officials. Such fencing shall be adequately maintained at all times.
Any approval of outside sales or purchases of used personal property granted hereunder shall establish reasonable business hours during which said business may be conducted.
Any person, persons, partnerships, corporations, firms or other entities presently engaged in or who expect to engage in outside selling or purchasing of used personal property, as aforementioned, within the Borough of Brooklawn shall comply with the provisions of this chapter by making application hereunder within 30 days of publication of this chapter, after final adoption, and shall otherwise comply with the provisions of this chapter within 90 days of said publication.
Any approval obtained by an applicant pursuant to the provisions of this chapter shall be transferable, as to the premises in question under the same terms and conditions imposed, upon the payment of any filing fees therefor, which are established from time to time by the Mayor and Borough Council, and by giving written advice to the Borough Clerk of the following:
All approved premises shall be subject to inspection by the appropriate borough officials to ensure compliance with the provisions of this chapter and any approvals granted hereunder, during reasonable hours and reasonable times.
Any approval granted pursuant to the provisions of this chapter may be revoked permanently or suspended temporarily for a violation of the provisions of this chapter or of the approval granted thereunder or for the conviction of the holder of said approval upon charges of receiving stolen property or for pleading guilty, nolo contendere or non vult or similar pleas thereto.
The holder of said approval shall be entitled to a hearing upon the proposed revocation or suspension thereof and shall be given 10 days written notice of the proposed revocation or suspension. He shall be entitled to such a hearing, and, if the same is requested, in writing, within said ten-day period, the Borough Clerk shall schedule such a hearing within 30 days of the receipt of said written request before the Mayor and Borough Council. The Mayor and Borough Council shall conduct said hearing, at which the holder of said approval may appear, or be represented by counsel, and present evidence and testimony on his behalf. At the conclusion of the hearing, the Mayor and Borough Council shall make written findings of fact and conclusions of law to support any order regarding suspension or revocation of approval hereunder.
Any person, persons, partnerships, corporations or other entities found to be in violation of any of the provisions of this chapter or of approvals granted hereunder by a court of competent jurisdiction shall, on conviction thereof, be subject to a fine not to exceed $200 and/or imprisonment for a period not to exceed 90 days, or both. Each day that a violation continues shall constitute a separate violation hereunder.