&nb= sp; = &nb= sp; = &nb= sp; Borough of Norwood

&nb= sp; = &nb= sp; = &nb= sp; Ordinance No.06:10

An Ordinance Amending the Code=

of the Borough of Norwood to Permit= and Regulate Garage Sales

, the purpose of this ordinance is = to establish a new Chapter in the Code of the Borough of Norwood to permit and= to regulate garage sales.

by the Mayor and Council of the Borough of Norwood as follows:

: The Code of the Borough of Norwood= is amended to add a new Chapter 27 to state:

27-1. Definitions. The following terms when used in t= his chapter shall be defined as follows:

=

= GARAGE SALES – includes all sales of goods entitled “garage sale,̶= 1; “yard sale,” “attic sale,” “rummage sale,R= 21; or “flea market sale,” or any similar casual sale of tangible p= ersonal property that is advertised by any means whereby the public at large is or = can be made aware of the sale.

=

= GOODS – Includes any goods, warehouse merchandise, or other property capable of bei= ng the object of a sale regulated hereunder.

=

= PERSON – Includes individuals, partnerships, companies, voluntary associatio= ns, and corporations.

=

§ 27-2. = Conduct of sales.

= The following regulations shall limit the conduct of garage sales within the Borough:

= A.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= B.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= C.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= D.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= E.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= F.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= G.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= H.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= I.<= span style=3D'font:7.0pt "Times New Roman"'>      =             &nb= sp;

§ 27-3. Permits; fees.<= /p>
&n= bsp;

A.   &nbs= p;    Permit required. It shall be unlawfu= l for any person to conduct a garage sale in the Borough without first filing with the Borough Clerk the information hereinafter specified and obtaining from = the Borough Clerk a permit for the garage sale.

B.   &nbs= p;     Fee. The fee for a garage sale permit is $5.00 per day.

C.   &nbs= p;    Frequency of permits. No permit shall be issued to any one (1) person within 90 days of the issuance of a permit to = that person, nor shall any permit be issued for any location for a garage sale w= ithin 90 days of the issuance of a permit for that location.

D.   &nbs= p;    Display of permit. Each permit issued= under this ordinance must be prominently displayed on the premises upon which the= garage sale is conducted throughout the entire period of the sale.

§ 27-5. Contents of permit application.<= /o:p>

= The following information shall be filed with the Borough Clerk for each permit= for a garage sale.

= A.        The name of the person or organization conducting the sale.

= B.         = The name of the owner of the property on which the sale is to be conducted.

= C.        The location or address where the sale is to be conducted.

        &= nbsp;

D.<= span style=3D'font:7.0pt "Times New Roman"'>      =

= E.         = The dates of previous sales by the applicant and the dates of previous sales at = the location.

=

= F.         = A statement by the applicant confirming that the information provided in the application is complete and known by the applicant to be true.

§ 27-6. Signs.

=

=         &= nbsp;   All signs advertising garage sales shall comply with the following standards:

= A.        Signs shall not be larger than eighteen by twenty-four (18 x 24) inches.

= B.         = The signs shall have a space provided thereon upon which shall be inserted the location of the sale, the permit number, and the name of the person conduct= ing the sale (the name may be excluded if the person conducting the sale is a private resident of the Borough).

= C.        No signs shall be posted more than five (5) days before the first date of the garage sale and all signs shall be removed within (48) hours after the conclusion of the sale.

§ 27-7. Exemptions.

=

= The provisions of this ordinance shall not apply to or affect the following per= sons or sales:

= A.        Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

= B.         = Person acting in accordance with their powers and duties as public officials.=

= C.        Any person selling or advertising for sale an item or items of personal property that are specifically named or described in the advertisement and that sepa= rate items do not exceed five (5) in number.

= D.        Any publisher of a newspaper, magazine, or other publication or other communication media that publishes or broadcasts in good faith without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions= of this ordinance have not been complied with.

= E.         = Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein the sale would be permitted= by the zoning regulations of the Borough or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer, or vendor that would be conducted from properly zoned premises and not otherwise prohibited in the Code of the Borough.

= F.         = Any bona fide charitable, eleemosynary, educational, cultural, or governmental = institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the on the organization or institution claiming the exemption. Organizations claiming this exemption must still apply for a permit = and use signs permitted by this ordinance; however, the fee for the permit shal= l be waived.

§ 27-8. Enforcement.

&nb= sp;           This ordinance shall be enforced by the Borough’s Police Department, Const= ruction Code Official, and the Zoning Enforcement Officer; provided, however, that = the Police Department shall notify the Construction Code Official or Zoning Enforcement Office of any violations of this ordinance that come to the attention of the Department either by complaint or by observation of a patr= olling officer.

§ 27-9. Liability.

=

&nb= sp;           Adhe= rence to this ordinance shall be the responsibility of the person to whom a permi= t is issued and the owner or tenant of the premises on which a sale is conducted. In addition to any other duties or obligations imposed by this ordinance, the responsible persons, as set forth herein, shall cooperate with the members of the Police Department of the Borough, the Construction Code Official, or the Zoning Enforcement Officer = in ensuring that the conduct of the sale does not impede the normal flow of traffic or otherwise endanger the health, safety, and welfare of persons present at the sale and other the residents of the Borough.

'27-10.        &= nbsp; Penalties.

Any person convicted of violating t= he provisions of this ordinance shall be subject to the penalties set forth in Chapter 174, except that the fine for each sign in violation of this ordina= nce shall be $10.00 per sign.

: All ordinances or parts of ordinan= ces that are inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of any inconsistencies.<= /p>
Section 3: The provisions of this ordinance a= re severable. If any part or par= ts of this ordinance is or are declared to be unconstitutional or invalid by any Court, the remaining parts of this ordinance will remain in full force and effect.

Section 4: This ordinance shall take effect u= pon final approval and publication, according to law.

=

= Introduced and passed first reading:

Passed second reading:

=

ATTES= T:        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                  &= nbsp;   APPROVED BY:

=

=

=

=

________= __________________________&nb= sp;           &= nbsp;   __________________________

Lorraine L. McMackin, Borough Clerk=         &= nbsp;   Michael B. Kaplan, Mayor

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