[HISTORY: Adopted by the Council of the Borough of Sharon Hill 11-10-1976 by Ord. No. 1056 (Ch. 64 of the 1972 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder and which is owned by the licensee or consigned to him.
- The owner or lessee of the premises.
- Includes individuals, partnerships, voluntary associations or corporations.
It shall be unlawful for any person to conduct a garage sale in the Borough of Sharon Hill without first filing with the Borough Secretary or Superintendent the information hereinafter specified and obtaining from the Borough Secretary or Superintendent a license to do so, which license shall be known as a "garage sale license."
A license to conduct a garage sale shall be issued to any person no more than two times within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days.
Each license issued under this chapter 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 licensed sale.
The fee for each license shall be as set from time to time by resolution of the Borough Council, which license shall be issued by the Borough Secretary or Superintendent.
[Amended 5-24-2012 by Ord. No. 1359]
The information to be filed with the Borough Secretary or Superintendent, pursuant to this chapter, shall be as follows:
The name of the person, firm, group, corporation, association or organization conducting said sale.
The name of the owner or lessee of the property on which said sale is to be conducted.
The location at which the sale is to be conducted.
The number of days of the sale.
The date and nature of any past sale.
A sworn statement or affirmation by the person signing that the information given therein is full and true and known to him to be so.
In the event of inclement weather, all persons who have been issued a license for a particular date or dates, pursuant to this chapter, shall be permitted to utilize their license on an alternate date. Such alternate dates must be supplied to the Borough Secretary and/or Superintendent at least 10 days prior thereto.
The person to whom such license is issued and the owner or tenant of the premises on which such 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 such sale or activity. No such persons shall permit any loud or boisterous conduct on said premises, nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the Borough of Sharon Hill in order to maintain the public health, safety and welfare. All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Borough Superintendent, Chief of Police and Fire Chief or any of their agents, or any other duly authorized representative of the Borough of Sharon Hill.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
No signs for advertising or directing customers 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.
There shall be no persons or sales excepted from the provisions of this chapter.
This chapter shall be enforced by the Borough Superintendent. It shall be the duty of the Borough Superintendent to investigate any violations of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the local Municipal Court, pursuant to the provisions of this chapter. It shall be the duty of the Police Department of the Borough of Sharon Hill to bring to the attention of the Borough Superintendent for further investigation any violations of this chapter of which the Police Department becomes aware during the course of its normal duties.
[Amended 7-14-1988 by Ord. No. 1180]
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be sentenced to pay a maximum fine as provided from time to time by state statute. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.