[Ord. 858, 6/6/1979, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage sale," "yard sale," "lawn
sale," "attic sale," "rummage sale," "flea market sale," "general
household sale," "auctions," or similar casual sale of tangible personal
property.
Includes any tangible personal property, other than vehicles,
that is owned by the permittee or members of his household.
The owner or lessee of the premises.
Includes individuals, partnerships, voluntary associations
and corporations.
[Ord. 858, 6/6/1979, § 2; as amended by Ord. 1142,
4/2/2008]
It shall be unlawful for any person to conduct a garage sale
in the Borough without first filing with the Zoning Officer the information
required and obtaining from the Zoning Officer a permit to do so,
to be known as a "garage sale permit."
[Ord. 858, 6/6/1979, § 3; as amended by Ord. 1004,
7/6/1994]
1.
A permit to conduct a garage sale shall be issued for any one residential
property or to any one household no more than two times within a calendar
year, and no such permit shall be issued for more than three consecutive
calendar days.
2.
Each permit issued under this Part must be prominently displayed
on the premises and be visible from the street upon which the garage
sale is conducted throughout the entire period of the permitted sale.
The permit for a garage sale shall not be transferable.
[Ord. 858, 6/6/1979, § 4]
The request for a garage sale permit shall be made with the
Zoning Officer, and certain information must be furnished on a form
to be provided.
[Ord. 858, 6/6/1979, § 5; as amended by Ord. 1004,
7/6/1994]
The permit fee for holding a garage sale shall be as established
from time to time by resolution of Borough Council.
[Ord. 858, 6/6/1979, § 6]
In the event of inclement weather, all persons issued a permit
for a particular date or dates pursuant to this Part shall be permitted
to utilize their permit on an alternate date or dates within 30 days.
The Zoning Officer must be notified of the alternate date or dates
at least five days prior thereto.
[Ord. 858, 6/6/1979, § 7]
The persons to whom such permit is issued and the owner or tenant
of the premises on which the sale or activity is conducted shall be
jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of the sale or activity.
No such persons shall permit any loud or boisterous conduct on those
premises or permit vehicles to impede the passage of traffic on any
roads or streets in the area of the premises. All such persons shall
obey the reasonable orders of any member of the Police or Fire Departments
of the Borough in order to maintain the public health, safety and
welfare. All premises displaying permits shall at all times be subject
to such reasonable rules as may be made from time to time by Council
and shall be subject to inspection at all times by the Borough Inspector,
Chief of Police and Fire Chief or any of their agents, or any other
duly authorized representative of the Borough.
[Ord. 858, 6/6/1979, § 8]
All garage sales shall be conducted between the hours of 9:00
a.m. and 10:00 p.m. only. No garage sale shall be permitted on any
Sunday.
[Ord. 858, 6/6/1979, § 9]
No signs advertising the garage sale are to be posted on any
place other than the premises of the applicant. The sign is not to
exceed two feet by two feet in size, cannot be placed on the premises
earlier than one week prior to the sale and must be removed within
24 hours after the sale has terminated. Directional signs only may
be placed on private property with the owner's permission.
[Ord. 858, 6/6/1979, § 10]
It shall be unlawful for any person to offer for sale mattresses,
bed springs, cots, lounges and sofas in any garage sale authorized
under this Part without first complying with the appropriate section(s)
of the Pennsylvania Bedding and Upholstering Act No. 249, as amended
August 23, 1961, with respect to the labeling, sterilizing and disinfecting
of said mattresses, bed springs, cots, lounges and sofas.
[Ord. 858, 6/6/1979, § 11]
This Part shall be enforced by the Borough Inspector or the
Police Department.
[Ord. 858, 6/6/1979, § 12; as amended by Ord. 1004,
7/6/1994]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not less than
$25 and not exceeding $600 plus costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
