[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood:
Art. I. 5-18-82 as Ord. No. 826. Sections 265-4B and 265-10
amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
[Adopted 5-18-82 as Ord. No. 826]
It is the finding of the Mayor and Council of the Borough of Maywood
that unrestricted casual sales within the borough, such as garage sales, lawn
sales, attic sales, rummage sales, flea markets, etc., have created problems
which have a negative effect upon the health, safety and welfare of the residents
of the borough. Included among these problems are litter, improper posting
of signs, parking and traffic violations, noise and neighborhood disturbances.
In an effort to minimize such problems, while at the same time recognizing
that such sales have become a part of our community life, this Article is
conceived. It is our purpose here to preserve the ability of individuals to
conduct such casual sales but to restrict these sales in such a manner as
to reduce their negative impact upon travelers and residents within the borough.
As used in this Article, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage 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 said sale.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
The following regulations shall limit the conduct of garage sales within
the Borough of Maywood:
A.
No garage sale, as defined by this Article, shall be
conducted without obtaining a permit for such sale as set forth in this Article.
B.
No person shall conduct a garage sale more than twice
in a calendar year.
C.
No location or address shall serve as a site of any garage
sale more than twice in a calendar year.
D.
All sales shall be limited to the hours between 9:00
a.m. and 6:00 p.m. on any given day.
E.
No single garage sale shall continue for more than two
days.
F.
No signs shall be used to advertise the sales except those authorized by this Article and distributed by the Borough Construction Code Official, and there shall be no more than the number of signs permitted herein. (See § 265-6.)
G.
All signs advertising garage sales must be removed within
24 hours after 6:00 p.m. of the last day of the sale.
H.
Permits must be prominently displayed at the time and
location of the sale.
A.
Permit required. It shall be unlawful for any person
to conduct a garage sale in Maywood without first filing with the Borough
Construction Code Official the information hereinafter specified and obtaining
from such Official a permit for such sale.
C.
Frequency of permits. No permit shall be issued to any
one person more than twice per calendar year, nor shall any permit be issued
for any location for such sale more than twice per calendar year.
D.
Display of permit. Each permit issued under this Article
must be prominently displayed on the premises upon which the garage sale is
conducted throughout the entire period of the sale.
The following information shall be filed with the Borough Construction
Code Official in order to properly obtain a 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 said sale
is to be conducted.
C.
The location or address where the sale is to be conducted.
D.
The number of days and the dates of the sale.
E.
The dates of previous sales by the applicant and the
dates of previous sales at the location during the calendar year.
F.
A statement by the applicant confirming that the information
provided in the application is complete and known by the applicant to be true.
All persons are prohibited from making or displaying signs advertising
garage sales other than those signs provided by the Board of Maywood. The
following shall apply to all such signs:
A.
No more than six signs shall be displayed to advertise
any garage sale.
B.
Signs shall not be larger than 18 by 24 inches.
C.
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 conducting the sale (the name may be excluded if the person
conducting the sale is a private resident of the borough).
D.
All signs shall be removed within 24 hours after the
conclusion of the sale.
The provisions of this Article shall not apply to or affect the following
persons or sales:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
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 publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without knowledge
that the provisions of this Article 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 such sale would
be permitted by the Zoning Regulations of the Borough of Maywood[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 Code of the Borough of Maywood.
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 organization or institution claiming such exemption. Organizations claiming
this exemption must still apply for a permit and use signs provided by the
borough; however, the fee for such permit shall be waived.
This Article shall be enforced by the Construction Code Official and
the Zoning Enforcement Officer; provided, however, that the Police Department
of the Borough of Maywood shall notify the Construction Code Official or Zoning
Enforcement Officer of any violations of this Article which come to the attention
of the Department either by complaint or by observation of a patrolling officer.
Adherence to this Article shall be the responsibility of the person
to whom a permit 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 Article, 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 residents
of the bororough.
Any person who is convicted of a violation of any provision of this
Article shall be subject to a fine of not more than $1,000 or imprisonment
for a term not to exceed 90 days, or both. Each day of noncompliance with
any provision of this Article shall constitute a separate violation.
