For the purpose of this chapter, the meaning of terms defined in this
section shall be as follows:
GARAGE SALE
Includes the terms "basement sale," "attic sale," "yard sale," "neighborhood
sale" and similar terms and shall mean the sale from a lot or parcel on which
a residence is located or a lot or parcel which is residentially zoned in
the Borough of Brookville of any items of used tangible personal property
including, by way of example and without limitation, clothing, household effects,
tools, garden implements, toys, recreation equipment, small appliances, books
and furniture, if the sale is advertised by publication or by posting of signs
or any other method or the public is invited to attend the sale.
LOT OR PARCEL WHICH IS RESIDENTIALLY ZONED
A lot or parcel within a Single-Family Residential District R-1 or General Residential District R-2 as those terms are defined by Chapter
230, Zoning, of the Borough of Brookville Code.
Before a garage sale shall be conducted within the Borough of Brookville,
the owner or occupant of the lot or parcel upon which said sale shall be held
shall obtain a permit from the Borough Secretary-Treasurer. In addition to
any other information which may be required by the Borough Secretary-Treasurer,
the permit shall contain the names of the permittee(s) and the beginning and
termination dates of the sale.
No more than two permits shall be issued within any calendar year for
any lot or parcel to any permittee or to any contributor to a garage sale.
At least 60 days must elapse between garage sales on any lot or parcel covered
by any permit. Each garage sale shall be limited to three consecutive days
of operation.
No permit shall be issued pursuant to this chapter until there has been
paid to the Borough of Brookville a permit fee in an amount established from
time to time by resolution of the Council of the Borough of Brookville.
All permits for garage sales issued pursuant to this chapter shall be
posted on the premises on which the sale is to be conducted for the entire
duration of said sale. The permit is to be clearly visible to anyone attending
said sale.
The permittee(s) may erect freestanding signs indicating the location
of the garage sale and directions to the site of the sale. No signs shall
be posted on utility poles or trees located within the right-of-way of any
street. No signs shall be posted on private property without the consent and
approval of the owner. The permittee(s) shall remove all signs within 24 hours
of the termination of the garage sale.
A garage sale permit may be issued only to property owners or occupants.
Joint sales may be held with other property owners or occupants of the same
neighborhood, provided all other persons participating in said sale are listed
on the permit.
No merchandise of any nature shall be offered for sale, displayed or
sold at any garage sale except merchandise owned by persons listed on the
permit for said sale.
The provisions of this chapter requiring a permit shall not apply to:
A. A sale conducted by a church, school, veterans organization,
fraternal organization, religious society or other civil or charitable nonprofit
organizations.
B. Any person selling from any lot or parcel eight or fewer
items of tangible personal property owned by said person.
Any person, firm, association or corporation violating any provisions
of this chapter shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, plus costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment for a term not exceeding 30 days;
provided that each violation of this chapter, and each day the same is continued,
shall be deemed a separate offense.