[HISTORY: Adopted by the Board of Commissioners of the Borough of
Collingswood 12-15-1975 as Ord. No. 709
(Ch. 60 of the 1971 Code). Amendments noted where applicable.]
It shall be unlawful for any person to conduct a garage sale in the
Borough of Collingswood 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 Collingswood.
As used in this chapter, the following terms shall have the meanings
indicated:
Any casual or occasional sale of tangible personal property, including
all sales known as "garage sales," "lawn sales," "attic sales," "rummage sales,"
"bazaar sales" or "flea market sales."
[Amended 10-3-1977 by Ord. No. 734]
Any person or persons, firm, association, partnership, club or corporation.
A.
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:
(1)
The name and address of the person conducting said sale.
(2)
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.
(3)
The location at which the sale is to be conducted.
(4)
The date said sale is to take place.
(5)
The date and nature of any past sale conducted by the
applicant within the Borough of Collingswood.
B.
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.
[Amended 9-7-1976 by Ord. No. 717]
The fee to be paid for the license to be issued hereunder shall be $2,
except that where the applicant is a bona fide religious, educational or charitable
institution or organization or a governmental agency, no fee shall be payable
for the license to be issued hereunder.
[Amended 10-3-1977 by Ord. No. 734]
No license may be issued to any person more than three times in any
twelve-month period. No license may be issued for any location within the
Borough of Collingswood more than three times in any twelve-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.
[Amended 7-3-2006 by Ord. No. 1405]
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.
[Amended 10-3-1977 by Ord. No. 734]
No advertising of garage sales shall be permitted except as follows:
A.
One or more discreet advertisements in the classified
advertising section of a newspaper.
B.
A writing sent by mail.
C.
A sign, not greater in size than three feet by four feet,
on the property where the sale is to be conducted. Such sign shall not be
posted earlier than four days prior to the day the sale is to be conducted
and shall be removed not later than 24 hours after the sale is conducted.
D.
Not more than two signs, neither of which shall be greater
in size than 1 1/2 feet by two feet, on property other than that on which
the sale is to be conducted. Prior to posting any such sign, the applicant
shall have received permission to post such sign from the owner of the property
where the sign is to be posted. Such sign or signs shall be posted not earlier
than the day the sale is to be conducted and shall be removed the same day
after the sale is conducted.
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.
[Amended 9-6-1976 by Ord. No. 717; 10-3-1977
by Ord. No. 734]
A.
The provisions of this chapter shall not apply to or
affect the following persons or sales:
(1)
Persons selling goods pursuant to any order of a court
of competent jurisdiction.
(2)
Any sale conducted by a merchant or other business establishment at a place of business where sales are permitted by Chapter 141, Development Regulations, of the Code of the Borough of Collingswood or permitted as a nonconforming use.
(3)
Any casual sale conducted within a building or structure
and consisting of not more than seven items.
B.
Where the applicant is moving from the location at which the sale is to be conducted or the applicant is the executor, administrator or heir of the owner or tenant of the property on which the sale is to be conducted, the applicant may so indicate in his application for the permit provided for in this chapter; and in such event, the provisions of § 173-6 of this chapter shall not be applicable. In lieu thereof, the license to be issued to such applicant shall authorize the holding of a garage sale for not more than six calendar days. On only one of such days shall the applicant be permitted to display property outside of a building or structure, and on only one such day shall the applicant be permitted to advertise the sale by means of advertising listed in § 173-9C and D of this chapter.
A.
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 Departments of the Borough of Collingswood in order to maintain the
public health, safety and welfare.
B.
All licensed premises shall be subject to such reasonable
rules as may be made, from time to time, by the Board of Commissioners of
the Borough of Collingswood and shall be subject to inspection by the Code
Enforcement Officer, Chief of Police and Fire Chief or any of their agents
or duly authorized representatives of the Borough of Collingswood.
[Amended 8-15-1994 by Ord. No. 1058]
[Amended 8-15-1994 by Ord. No. 1058]
Nothing contained herein shall be deemed in any way to alter any provisions of Chapter 141, Development Regulations, of the Code of the Borough of Collingswood or to permit any act forbidden therein.
[Amended 8-15-1994 by Ord. No. 1058]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a fine of not more than $1,000, imprisonment
for not more than 90 days or a period of community service for not more than
90 days, or any combination thereof, for each violation. Each day on which
a sale is held in violation of any provision of this chapter shall be considered
a separate violation.
