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Borough of Stroudsburg, PA
Monroe County
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Code
New Laws (13) Index
[Ord. 576, 9/10/1980, § 1; as amended by Ord. 1041, 9/19/2017]
1. 
As used in this Part 1, the following words shall have the meanings indicated:
MULTIFAMILY PERMIT
Four but no more than eight families or householders may participate in the sale by furnishing goods, wares or merchandise for sale and/or by engaging in the sale of the goods, wares and merchandise.
ORGANIZATIONAL PERMIT
Is required for nine or more families or households, nonprofit organizations and private organizations holding the sale by furnishing goods, wares or merchandise for sale and/or by engaging in the sale of the goods, wares and merchandise.
PERSON
A natural person or individual.
SALE or GARAGE SALE
A sale, open to the public, of new or used or previously owned goods, wares and merchandise, held on vacant property or in the garage, or on the lawn, yard, porch or patio of the residence of the person who obtains a permit for the sale as provided by this Part.
UNDER-THREE-FAMILY PERMIT
No more than three families or householders may participate in the sale by furnishing goods, wares or merchandise for sale and/or by engaging in the sale of the goods, wares and merchandise.
2. 
The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
[Ord. 576, 9/10/1980,§ 2; as amended by Ord. 599, 12/19/1983; and amended by Ord. 1041, 9/19/2017]
1. 
From and after the effective date of this Part 1, a permit shall be required for any garage sale held within the Borough of Stroudsburg. Any person, multifamily or organization holding such a garage sale without first obtaining a permit shall be in violation of this Part 1 and subject to the penalty hereinafter prescribed.
2. 
Application for the permit for a sale shall be made to the Borough Manager by the person at whose residence the sale is to be held and shall state: the name of the applicant; the location of the proposed sale; and the day or days on which the sale is to be held (as well as the names and resident addresses of all other persons who are to contribute goods, wares, or merchandise or service the sale). The Manager or his designee shall issue the permit to the applicant, after the applicant shall have paid to the Borough Manager the permit fee as set by resolution, which shall be for the use of the Borough; provided, in any calendar year, no more than two permits shall be issued under this Part 1 to the same person, multifamily or organization and no more than two sales shall be held from any one location in any calendar year.
[Ord. 576, 9/10/1980, § 3; and as amended by Ord. 1041, 9/19/2017]
Every permit shall be issued under the following conditions, and any failure to comply with any condition shall comprise a violation of this Part 1 and shall entitle the Borough Manager to declare the permit revoked without refund of any part of the permit fee to the holder:
1. 
The sale shall be held at the location stated in the permit.
2. 
The permit shall be valid for the two consecutive days stated on the permit, except that the permit may specify one or two alternate "rain dates" in case of inclement weather on one or two, as the case may be, of the dates first specified on the permit.
3. 
On an under-three-family permit, no more than three families or householders may participate in the sale by furnishing goods, wares or merchandise for sale and/or by engaging in the sale of the goods, wares and merchandise.
4. 
On a multifamily permit, no more than eight families or householders may participate in the sale by furnishing goods, wares or merchandise for sale and/or by engaging in the sale of the goods, wares and merchandise.
5. 
An organizational permit will be required for nine or more families or households and private organizations holding the sale by furnishing goods, wares or merchandise for sale and/or by engaging in the sale of the goods, wares and merchandise.
6. 
No sale shall commence before 9:00 a.m. or end after 7:00 p.m. on any day.
7. 
No refreshments may be served or sold at the sale; no music, games or other entertainment or activities may be conducted at the time when and place where the sale is held; and there shall be no unnecessary or excessive noise.
8. 
Since the sale is temporary in nature and permissible in residence districts where commercial activities are not permitted, the sale shall be limited to possessions of the holder of the permit (and the other families and householders referred to in § 13-103, Subsections 3, 4 and 5, above). It shall be unlawful to engage or employ any individual, organization or other entity to plan, arrange, conduct, promote or supervise the sale.
9. 
The applicant must exhibit the permit at the time of the sale in full view of the public at all times.
10. 
Notices, advertisements and signs.
A. 
No notice, advertisement or directional sign pertaining to a sale may be placed or posted:
(1) 
On any utility pole or any post or pole used for traffic or parking signs, signals or meters;
(2) 
On the surface of any street, curb or sidewalk; or
(3) 
Without the permission of the owner or occupant of the property, anywhere on private property.
B. 
Upon conclusion of the time stated in the permit for the holding of a sale, the holder of the permit shall remove and take away all such notices, advertisements and directional signs.
11. 
None of the following may be sold or offered for sale:
A. 
Food or edible items;
B. 
Anything for which a separate license is required by law or by any federal, state or municipal regulations; or
C. 
Anything of an explosive, poisonous or dangerous nature.
[Ord. 576, 9/10/1980, § 4]
Special sales such as "Sidewalk Sale Days" sponsored or conducted by the merchants of the Borough of Stroudsburg shall be excluded from the provisions of this Part 1.
[Ord. 576, 9/10/1980, § 5; as amended by Ord. 599, 12/19/1983]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days.