It shall be unlawful for any person or persons
to conduct a garage sale in the City of Lackawanna without first complying
with the regulations set forth herein.
As used in this chapter, the following terms
shall have the meanings indicated:
GARAGE SALE
A.
The sale or offering for sale of new, used or
secondhand items of personal property at one or more residential premises
at any one time.
B.
Includes all sales entitled "garage sale," "lawn
sale," "attic sale," "rummage 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.
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
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 their powers and
duties as a public official.
C. Any person selling or advertising for sale any 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 publisher of a newspaper, magazine or other publication
or other communication media who 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
such sale would be permitted by the zoning regulations of the City
of Lackawanna or under the protection of the nonconforming use section
thereof or any sale conducted by a manufacturer, dealer or vendor
and which sale would be conducted from properly zoned premises and
not otherwise prohibited.
Any person, association or corporation conducting
any such sale or similar activity who shall violate any of the terms
and regulations of this chapter shall, upon conviction, be fined not
less than $25 nor more than $100 or be imprisoned for a period not
to exceed 10 days for each violation.