[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Berlin 12-19-1977 by Ord. No. 77-17.
Amendments noted where applicable.]
It shall be unlawful for any person to conduct
a garage sale in the Borough of Berlin without having first obtained
a license to do so, to be known as a "garage sale license," from the
Borough Clerk of the Borough of Berlin.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all sales known as "garage sales," "lawn sales,"
"attic sales," "rummage sales" or "flea market sales" and any similar
casual sales of tangible personal property which is or are advertised
by any means whereby the public at large is or can be made aware of
said sale.
Any person or persons, firm, association, partnership, club
or corporation.
A.
An application for a license to conduct a garage sale
shall be filed with the Borough Clerk on forms to be furnished by
the Borough, which forms shall include the following information:
(1)
The name and address of the person conducting said
sale.
(2)
The name and address of the owner of the property
on which said sale is to be conducted, together with the written consent
of such owner if the applicant is other than the owner.
(3)
The location at which the sale is to be conducted.
(4)
The date said sale is to take place.
(5)
The date and nature of any past sale conducted by
the applicant within the Borough of Berlin.
B.
Application for such license shall be made not less
than two weeks prior to the date of the sale to be conducted pursuant
to the license applied for.
[1]
Editor's Note: Former § 176-4, License fee, was
repealed 12-17-2020 by Ord. No. 2020-12.
A.
No license may be issued to any person more than two
times in any one year. No license shall be issued for any location
within the Borough of Berlin more than two times in one year. There
shall be a minimum of 30 days between the issuance of licenses to
any one individual.
[Amended 10-15-1979 by Ord. No. 79-22]
B.
The license to be issued hereunder shall authorize
the holding of a garage sale for not more than two consecutive days.
A.
Garage sales shall not commence before 10:00 a.m.
and must be terminated by sundown.
B.
Garage sales shall offer for sale only used items
of personal property owned by the person conducting the garage sale
or by the owner of the property upon which the sale is conducted.
No new merchandise shall be offered for sale.
C.
No advertising of garage sales shall be permitted,
except that a sign not greater in size than three feet by four feet
may be placed on the property where the sale is to be conducted. Such
sign shall be posted not earlier than seven days prior to the day
the sale is to be conducted and shall be removed not later than 48
hours after the sale is conducted. No sign shall be placed on any
public right-of-way.
D.
The license issued hereunder shall be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the sale.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to any order of any
court of competent jurisdiction.
C.
Any bona fide religious, educational or charitable
institution or organization or governmental agency.
D.
Any casual sale conducted within a building or structure
and consisting of not more than five separate items.
A.
The person to whom a license is issued and the owner
and/or tenant of the premises on which a garage sale is conducted
shall be jointly and severally responsible for the maintenance of
good order on the premises during the hours in which a garage sale
is conducted.
B.
No such person shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on any streets in the vicinity of such premises.
C.
All such persons shall obey the reasonable orders
of any member of the Police or Fire Department of the Borough of Berlin
in order to maintain the public health, safety and welfare.
D.
All licensed premises shall be subject to such reasonable
rules as may be made from time to time by the governing body of the
Borough of Berlin and shall be subject to inspection by the Building
Inspector, Chief of Police and Fire Chief or any of their agents or
duly authorized representatives of the Borough of Berlin.
Nothing contained in this chapter shall be deemed
to alter in any manner any provision of any Zoning Ordinance of the
Borough of Berlin, its amendments or supplements.[1]
Any person violating any of the provisions of
this chapter shall, upon conviction, be punished by a fine not to
exceed $100.
