[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 5-10-1982.
Sections 79-4B and 79-11 amended at time of adoption of Code; see Ch. 1, General
Provisions. Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage sales," "barn sales," "lawn sale,"
"attic sale," "rummage 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 a
licensee or consigned to him.
The owner or lessee of the premises.
Includes individuals, partnerships, voluntary associations, corporations
and members of the same family.
It shall be unlawful for any person to conduct a garage sale in the
Borough of Andover without first filing with the Borough Clerk the information
hereinafter specified and obtaining from such Clerk a license to do so, to
be known as a "garage sale license."
A.Â
A license to conduct a garage sale shall be issued to
any one 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.Â
Each license issued under this chapter must be prominently
displayed on the premises and visible from the street upon which the garage
sale is conducted throughout the entire period of the licensed sale.
A.Â
The information to be filed with the Borough Clerk, pursuant
to this chapter, shall be as follows:
(1)Â
Name of the person, firm, group, corporation, association
or organization conducting the sale.
(2)Â
Name of the owner or lessee of the property on which
said sale is to be conducted.
(3)Â
Location at which the sale is to be conducted.
(4)Â
Number of days of the sale.
(5)Â
Date and nature of any past sale.
(6)Â
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
B.Â
Upon the filing of the aforesaid application and the same being reviewed by the Borough Clerk and found complete and accompanied by a permit fee as provided in Chapter 66, Fees, the Borough Clerk is hereby authorized to issue a permit for the garage sale applied for, which said permit shall be subject to compliance with restrictions as set forth in this chapter.[1]
In the event of inclement weather, all persons 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 Clerk 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 Andover, in order to maintain
the public safety and welfare. All licensed premises shall at all times be
subject to such reasonable rules that may be made from time to time by the
borough and shall be subject to inspection at all times by the Code Enforcement
Officer. Constable and Fire Chief, or any of their agents, or any duly authorized
representative of the borough.
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
No more than five signs for advertising or directing customers may be
posted off the premises of the applicant. The sign is not to exceed two feet
by two feet in size, cannot be installed earlier than one week prior to the
sale and must be removed within 24 hours after the sale has terminated.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.Â
Any sale conducted by any merchant or mercantile or other
business establishment from or at a place of business wherein such sales would
be permitted by the zoning regulations of the Borough of Andover, or under
the protection of the nonconforming use section thereof, or any other sale
conducted by a manufacturer, dealer or vendor, and which sale would be conducted
from properly zoned premises and not otherwise prohibited in the Code.[1]
B.Â
Persons acting in accordance with their powers and duties
as public officials.
C.Â
Any persons selling or advertising for sale an item or
items of personal property which are specifically named or described in the
advertisement, and which separate items do not exceed five in number.
D.Â
Any bona fide charitable, educational, cultural or governmental
institution or organization; provided, however, that the burden of establishing
the exception under this subsection shall be on the organization or institution
claiming such exemption.
The Andover Borough Constable shall have the right to issue summonses
to all persons, firms or corporations violating any section of this chapter.
