[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 1-19-1998 by Ord. No. 827. Amendments noted where applicable.]
For the purpose of this chapter the following shall apply when used herein:
- A person who maintains or lives at that address.
- GARAGE SALE
- A public sale of goods conducted in a residentially associated garage.
- Shall mean any person, association, partnership, firm or corporation.
- PORCH SALE/YARD SALE
- An outdoor public sale of goods on residential property.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
Except as hereinafter described, it shall be unlawful for any person to hold a garage sale, yard sale or porch sale without first obtaining a license in compliance with the provisions of this chapter.
Applicants for a license under this chapter must file with the Borough Secretary an application, in writing, on a form provided by the borough for that purpose, which shall provide the following information:
Name and address of the applicant.
Type of sale.
Types of items to be sold.
Dates of sale.
A statement confirming that the goods to be sold belong to the household and that said goods have not been purchased or obtained solely for this sale, with the exception of charities and service organizations as exempted by this chapter.
Upon payment of the fees as listed in § 121-4, and upon determination of the Borough Secretary that the application meets all requirements for a license, the Secretary shall issue a license.
A license for a garage, yard or porch sale shall be valid for two consecutive days. In the event that inclement weather causes postponement of the event, the license will be valid for a new date(s), provided that the Borough Secretary is notified prior to the new date(s).
The license shall be displayed at all times during the days of the sale.
Garage sales, yard sales, porch sales and the like shall be limited to three licenses per calendar year per residence.
Items to be sold at garage, yard or porch sales must belong solely to the household where the sale is held. It shall be unlawful to bring in and sell goods belonging to others or to purchase items specifically to sell in a garage, yard or lawn sale, with the exception of such sales conducted on behalf of a charitable or service organization.
Garage, yard or home sales may be held between the hours of 7:00 a.m. and 6:00 p.m.
A license granted under this chapter does not permit encroachment on the right-of-way (sidewalk or street).
It shall be a violation of the provisions of this chapter for any person conducting a garage sale, porch sale and/or yard sale within the Borough of Mount Oliver to cause signs for such sale to be placed on any public utility pole, Pennsylvania Department of Transportation pole, borough pole or any public structure.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 for each such separate offense.