[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown 7-5-1988 by Ord. No.
9-88. Amendments noted where applicable.]
GENERAL REFERENCES
Licensingย โย See Ch. 118.
A.ย
APPLICANT
GARAGE SALE
HOME SALE
LAWN SALE
PERSON
For the purpose of this chapter, the following terms shall have the
meanings indicated:
A person who maintains and lives at that address.
A public sale of goods conducted in a residentially associated
garage.
A public sale of goods, including by appointment, conducted
in any portion of a residence.
An outdoor public sale of goods on residential property.
Any person, association, partnership, firm or corporation.
B.ย
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
Except as hereinafter described, it shall be unlawful for any
person to hold a garage sale, lawn sale or home sale without first
obtaining a license in compliance with the provisions of this chapter.
Applicants for a license under this chapter must file with the
Code Enforcement Officer an application, in writing, on a form to
be furnished by said officer, which shall give the following information:
A.ย
The name and address of the applicant.
B.ย
The type of sale.
C.ย
The types of items to be sold.
D.ย
The dates of the sale.
E.ย
A statement affirming that the goods to be sold belong to the household
and that said goods have not been purchased or obtained solely for
this sale, with the exception of charities and service organizations
as exempted by this chapter.
A.ย
The license for any sale governed by this chapter sponsored by a
charitable or service organization shall be on a non-fee basis.
B.ย
The fee for garage sales, lawn sales or home sales shall be as set
forth from time to time by resolution of the Borough Council.
[Amended 4-5-1993 by Ord.
No. 1-93]
Upon payment of fees as listed in ยงย 152-4 and upon determination by the Code Enforcement Officer that the application meets all the requirements for a license, the Code Enforcement Officer shall issue a license.
A license for a garage, lawn or home sale shall be valid for
three days. In the event that inclement weather causes postponement
of the event, the license will be valid for a new date, provided that
the Code Enforcement Officer is notified prior to the new date.
The license must be displayed at all times during sales.
A.ย
Garage sales, lawn sales and home sales shall be limited to two licenses
per calendar year per residence.
B.ย
Items to be sold at garage sales, lawn sales and home sales must
belong solely to the household where the sale is held. It shall be
unlawful to bring in and sell goods belonging to others or to purchase
items specifically to sell in a garage sale, lawn sale or home sale,
with the exception of such sales conducted on behalf of a charitable
or service organization.
Garage sales, lawn sales and home sales may be held only between
7:00 a.m. and 8:00 p.m.
A license granted under this chapter does not permit encroachment
on the right-of-way (sidewalk or street).
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not to exceed
$300 for the first offense and $600 for each offense thereafter.