[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 5-17-1993
by Ord. No. 5-1993 (Ch. 42 of the 1975 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 147.
The following words or phrases shall have the following meanings when
used in this chapter:
Occasional sales by a householder of personal property accumulated
in the normal use of a dwelling as a residence and no longer needed by the
occupants, such as used crockery, kitchenware, dishes, toys, furniture, costume
jewelry, used clothing, used appliances, rugs, drapes and the like, offered
for sale in the dwelling, appurtenant garage or other outbuilding on the property
or appurtenant yards.
The merchandise offered at the sale and merchandise acquired for
normal use by the householder or other persons occupying the dwelling on the
premises where the sale is held.
A.
Application for a license to hold such sale shall be
made, in writing, to the Borough Clerk at least 10 days before the date the
sale is to be held. The application form shall show:
(1)
The name and address of the applicant.
(2)
The place, date and time when the sale is to be held.
(3)
The name, address and telephone number of the person
who assumes responsibility for compliance with the provisions of this chapter,
which person shall also sign the application.
(4)
The nature of the sale and the merchandise to be sold.
(5)
Whether or not any signs pertaining to the sale are to
be posted and, if so, where. The application shall be accompanied by a statement
of whose property the signs are to be posted. No sign shall be placed on utility
poles.
(6)
The date the last sale was conducted on such property.
C.
No more than two sales shall be permitted on the same
premises in any twelve-month period, and no such sale shall continue longer
than two days.
D.
The applicant shall remove all signs posted within 24
hours after conclusion of the sale, and any and all debris shall be cleaned
up.
E.
No sales of any kind shall be held before 8:00 a.m. or
after 6:00 p.m. on any day.
F.
No merchandise offered for sale shall be displayed more
than one day before the commencement of the sale or allowed to remain more
than 24 hours after the termination of the sale.
G.
The sale shall be conducted wholly within the confines
of the property and in such a manner so as to cause no obstruction or encroachment
on neighboring property or public sidewalks, streets or other public ways.
H.
No food or drinks shall be sold or dispensed in conjunction
with the sale.
I.
The person responsible for the conduct of the sale shall
be responsible to see that no disorder occurs, that there is no littering
of adjoining property or public ways and that there is no trespassing on adjoining
property.
J.
The provisions of this chapter shall not apply to sales
conducted by nonprofit organizations servicing the residents of the Borough
of Pemberton.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine not exceeding $1,250, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
