[HISTORY: Adopted by the Township Committee of the
Township of Hamilton 8-18-1975 by Ord. No. 536-75. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale" or "flea market 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 the
licensee or consigned to him.
The owner or lessee of the premises.
Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the
Township of Hamilton without first filing with the Township Clerk the information
hereinafter specified and obtaining from, such Clerk a license to do so, to
be known as a "garage sale license."
A.
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 three consecutive calendar days.
B.
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.
The information to be filed with the Township Clerk, pursuant to this
chapter, shall be as follows:
A.
Name of the person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of the owner or lessee of the property on which
said sale is to be conducted.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
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 Township 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 Departments of the Township of Hamilton in order to
maintain the public health, safety and welfare. All licensed premises shall
at all times be subject to such reasonable rules as may be made from time
to time by the Township Committee and shall be subject to inspection at all
times by the Building Inspector, Chief of Police and Fire Chief or any of
their agents, or any other duly authorized representative of the Township
of Hamilton.
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
No signs for advertising or directing customers are to be posted on
any place other than the premises of the applicant. The sign is not to exceed
two by two feet in size, cannot be placed on the premises earlier than one
week prior to the sale and must be removed within 24 hours after the sale
has terminated.
It shall be unlawful for any person to offer for sale mattresses, bedsprings,
cots, lounges and sofas in any garage sale authorized under this chapter without
first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18,
with respect to the labeling, sterilizing and disinfecting of said mattresses,
bedsprings, cots, lounges and sofas.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Any sale conducted by any merchant or mercantile or other
business establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Township of Hamilton[1], 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 ordinances.
B.
Persons 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 which are specifically named or described in the
advertisement, and which separate items do not exceed five in number.
D.
Any bona fide charitable, educational, cultural or governmental
institution or organization; provided, however, that the burden of establishing
the exemption under this subsection shall be on the organization or institution
claiming such exemption.
This chapter shall be enforced by the Building Inspector. It shall be
the duty of the Building Inspector to investigate any violations of this chapter
coming to his attention, whether by complaint or arising from his own personal
knowledge; and if a violation is found to exist, he shall prosecute a complaint
before the local Municipal Court, pursuant to the provisions of this chapter.
It shall be the duty of the Police Department of the Township of Hamilton
to bring to the attention of the Building Inspector, for further investigation,
any violations of this chapter of which the Police Department becomes aware
during the course of its normal duties.
Any person, association or corporation conducting any such sale or similar
activity without being properly licensed therefor or who shall violate any
of the other terms and regulations of this chapter shall, upon conviction,
be fined not less than $25 nor more than $100 for each violation. Each day
that such sale shall continue without being duly licensed shall be considered
a separate violation.
