[HISTORY Adopted by the Borough Council of the Borough of Economy 11-16-1988
as Ord. No. 289. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
All general sales open to the public conducted from or on a residential
premises for the purpose of disposing, by sale, barter or otherwise, of personal
property, including but not limited to all sales entitled "garage," "lawn,"
"yard," "attic," "porch," "room," "backyard," "patio," "flea market," "rummage
sales" or "auctions." This definition shall not include a situation where
no more than five specific items are held out for sale and all advertisements
of such sales specifically name those items to be sold.
Includes natural persons, corporations, charitable or religious institutions
or nonprofit corporations, homeowners' associations, unincorporated associations
and family groups.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course of living
or in maintaining a residence.
Whenever three or more persons or family groups conduct a garage sale
in concert with one another, a license must be first secured from the Borough.
The fee for a license pursuant to this chapter shall be set forth from
time to time by resolution of the Borough Council. Such fee shall be paid
to the Borough at the time of submission of the application for such license.
For the purposes of this chapter, any person desiring to secure a license
to conduct a garage sale shall, at least two weeks prior to the date and time
set for such sale, complete and submit to the Borough Secretary an application
for the issuance of a license and shall pay the required fee. Said application
shall be in such form as the Borough may establish and contain the following
information:
A.Â
The location of the proposed garage sale.
B.Â
The dates and times of such proposed sale.
C.Â
The names of owners of premises on which the proposed
garage sale is to be conducted.
D.Â
The name or names of person or persons other than the
owners, if any, who will be conducting said proposed garage sale.
E.Â
A description of signs, handbills or circulars, if any,
and the location thereof within the Borough intended to advertise such proposed
garage sale.
The Borough Secretary shall receive the application and accept the required
filing fee and, if upon review of the application the same is in compliance
with the requirements of this chapter and any regulations promulgated hereunder,
shall issue the license, and said Secretary shall number the applications
and licenses in chronological order.
No license issued by the Borough shall be transferable by the licensee
to any other person, nor shall the place of the sale be changed without cancellation
of the license and issuance of a new license upon application and payment
of the required fee for the new location.
A.Â
This chapter shall be enforced by the Economy Borough
Police Department.
B.Â
The licensee is hereby made responsible for the maintenance
of good order and decorum on the premises during the hours of such garage
sale.
C.Â
No licensee shall permit any loud or boisterous conduct
on the premises where the sale is being held or permit vehicles to impede
passage of the traffic on any roads or streets in the area of the premises
where the sale is being conducted.
Any person, family group, corporation or other entity conducting any
such sale or similar activity without being properly licensed therefor or
who shall violate or fail to comply with any of the terms and provisions of
this chapter or any other rules, regulations or provisions adopted or approved
by the Council shall be deemed in violation of this chapter and shall be liable
for a fine not to exceed $300, plus costs of prosecution, and each day that
such sale or violation continues without being licensed shall be considered
and shall constitute a separate offense.
