[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 7-5-1988 by Ord. No. 9-88. Amendments noted where applicable.]
Licensing — See Ch. 118.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- A person who maintains and lives at that address.
- GARAGE SALE
- A public sale of goods conducted in a residentially associated garage.
- HOME SALE
- A public sale of goods, including by appointment, conducted in any portion of a residence.
- LAWN SALE
- An outdoor public sale of goods on residential property.
- Any person, association, partnership, firm or corporation.
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:
The name and address of the applicant.
The type of sale.
The types of items to be sold.
The dates of the sale.
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.
Upon payment of fees as listed in § 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.
Garage sales, lawn sales and home sales shall be limited to two licenses per calendar year per residence.
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.