[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:
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.
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.
B.
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.
C.
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:
A.
The name of the person, firm, group, corporation, association or
organization conducting said sale.
B.
The name of the owner or lessee of the property on which said sale
is to be conducted.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
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.
