As used in this chapter, the following terms shall have the meanings
indicated:
All general sales open to the public conducted from or on a residential
premises for the purpose of disposing by sale, barter or otherwise, of personal
property, including but not limited to all sales commonly known as "garage,"
"lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea," "rummage,"
"white elephant" or "auctions," wherein goods are made available for sale
to the public at large.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course of living
in or maintaining a residence. It does not include merchandise which was purchased
for resale or obtained on consignment.
No person shall conduct a sale as defined in this chapter without first
obtaining a permit from the Borough Clerk.
The permit fee for a sale as defined in this chapter shall be:
The application for a permit shall be made at least two weeks prior
to the initial date of the intended sale. The permit shall be prominently
displayed on the premises and shall be visible from the street upon which
the sale is conducted throughout the entire period of the sale.
A person applying for a permit shall submit to the Borough Clerk in
writing the name of the person conducting the sale, the name and the address
of the owner of the property on which the sale is to be conducted, the date
and number of days of the sale, and the date and type of any other sales subject
to this chapter during the same calendar year.
The person to whom the permit is issued and the owner or tenant of the
premises at which the sale is to be conducted shall be jointly and severally
responsible for the maintenance of good order and decorum on the premises
during all hours of the sale. No loud or boisterous conduct shall be permitted
on the premises nor shall the passage of traffic be in any way impeded.
No license issued by the Borough shall be transferable by the licensee
to any other person, nor shall the place of the sale be changed without cancellation
of the license and issuance of a new license upon application and payment
of the required fee for the new location.
No off-premises signs shall be permitted on public property or within
any public right-of-way or sidewalk. This requirement extends to trees, utility
poles and street or traffic signs.
Newspaper advertisements for the sale shall be permitted, as well as
a sign on the premises. However, the sign on the premises shall not exceed
four square feet in size and shall not be erected more than 48 hours prior
to the sale, and shall be removed immediately after the sale.
[Added 7-14-1999 by Ord. No. 6-9-99A]
The person to whom the permit is issued and the owner or tenant of the
premises at which the sale is to be conducted shall be jointly and severally
responsible to remove all signs that are posted in connection therewith no
later than the conclusion of the garage sale.
Sales subject to this article shall be conducted only between the hours
of 9:00 a.m. and 6:00 p.m. on the day designated.
The following shall be considered exceptions:
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 public officials.
C.
Any person selling or advertising for sale an item or
items of personal property which are specifically named and described in the
advertisement and which separate items do not exceed five in number.
D.
Any bona fide charitable, educational, cultural or governmental
institution or organization when the proceeds from the sale are used directly
for the institution's or organization's charitable purpose and the goods or
articles are not sold on a consignment basis.
E.
Any sale conducted by any merchant or business establishment
from or at a place of business which is lawful.
