Borough of Spotswood, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Derived from the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94) as indicated in article histories. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Schedule of fees — See Ch. 91, Art. I.
Licensing — See Ch. 127.
Noise — See Ch. 137.
[Derived from Sec. 7-12 of the 1969 Revised General Ordinances]

§ 160-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GARAGE SALES
Includes all sales entitled, "garage sale," "lawn sale," "attic sale," "rummage sale," or "flea market" or any similar casual sale of used tangible personal property in a residential area of the Borough which is advertised by any means whereby the public at large is or can be made aware of such sale.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.

§ 160-2 Regulations.

A. 
Number of sales. No person shall conduct more than three garage sales on his premises in any one calendar year.
B. 
Hours; days of sale. The sales set up shall not commence prior to 8:00 a.m.; the actual sales shall not commence prior to 10:00 a.m. and shall terminate by 5:00 p.m. The garage sale permit shall not be extended for more than a two-day period.
[Amended 11-21-1994 by Ord. No. 1994-569]
C. 
Merchandise. Garage sales shall offer only used items and personal property owned by the resident of the property when the sale is held. No new merchandise shall be offered for sale nor may any merchandise from sources other than the home in question be brought in and offered for sale.
D. 
Permit required. No person shall conduct any garage sales without having first obtained a permit from the Borough Clerk and paying the fee therefor as set forth in § 91-6 of Chapter 91, Fees.

§ 160-3 Notification of Borough Clerk.

Any person desiring to conduct a garage sale shall first notify the Borough Clerk, no later than one week before the date of such sale, and shall provide the following information:
A. 
Name of person conducting such sale.
B. 
Location or address at which sale is to be conducted.
C. 
Date of sale.
D. 
Number of days of sale.

§ 160-4 Exemptions.

The provisions of this article shall not apply to or affect the following:
A. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
B. 
Any person selling or advertising for sale an item or items of used personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
C. 
Any bona fide charitable, eleemosynary, educational, cultural, religious or governmental institution or organization.
[Derived from Sec. 7-13 of the 1969 Revised General Ordinances]

§ 160-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL DISPLAYS or OUTDOOR COMMERCIAL DISPLAYS AND SALES (hereinafter referred to as "commercial displays")
Includes all sales entitled "sidewalk sales," "bargain sales," "holiday sales" or other occasional displays or sales conducted wholly or partly outdoors by any merchant or mercantile or other business from or at a place of business wherein such sale would be permitted by Chapter 120, Land Development, or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from a properly zoned premises.
GOODS
Any goods, warehouse merchandise or to other property capable of being the object of a sale regulated hereunder.
PERSON
Any individuals, partnerships, voluntary associations and corporations.

§ 160-6 Permit required; fee.

It shall be unlawful for any person to conduct commercial displays in the Borough without first filing with the Borough Clerk the information hereinafter specified and obtaining from the Clerk a permit to do so. The fee for such permit shall be as set forth in § 91-6 of Chapter 91, Fees.

§ 160-7 Application for and exhibition of permit.

A. 
For displays of merchandise occurring on a yearly basis, application for a permit shall be made in January of the calendar year for which the permit is sought; all other applications for permits shall be made at least 20 days prior to the display. All permits shall be issued for a period of no longer than one year and shall expire on the last day of January of the following calendar year.
B. 
Any permit issued under this article must be prominently exhibited on the premises upon which the display is conducted throughout the entire period of the permitted display.

§ 160-8 Information to be filed.

The information to be filed with the Borough Clerk pursuant to this article shall be as follows:
A. 
Name of person, firm, group, corporation, association or organization conducting the display.
B. 
Name of the property on which the display is to be conducted, together with consent in writing by owner if the applicant is other than the owner, provided, however, that where the person requesting the permit is a merchant under written lease, no further written consent for a permit shall be required, and the fact that there is a written lease shall be so stated.
C. 
Location at which the display is to be conducted.
D. 
A drawing or sketch reasonably approximating the areas of the property where the commercial display shall take place. The adequacy of such a drawing or sketch shall be determined by the Code Enforcement Officer, who may require a supplemental drawing or sketch if the submitted drawing or sketch is deemed by said officer to be inadequate before the Clerk issues a permit.
E. 
Proposed duration of display.
F. 
Whether or not applicant has been issued any other vendor's license or permit by any local, state or federal agency.
G. 
An affirmation or sworn statement by the person signing that the information given is true.

§ 160-9 Hours of display.

Commercial displays shall be conducted between 8:00 a.m., exclusive of setup time, and 10:00 p.m., inclusive of the removal of goods and dismantling of racks, shelves or any other device used to display such goods.

§ 160-10 Signs.

All persons are prohibited from making or displaying any sign other than two price signs not more than 20 inches by 20 inches in dimension in conjunction with a display under this article unless otherwise authorized by Chapter 120, Land Development.

§ 160-11 Exceptions.

Provision of this article shall not apply to or affect the following persons or sales:
A. 
Persons displaying goods according to an order of process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their duties and powers as public officials.
C. 
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization.

§ 160-12 Enforcement by Code Enforcement Officer.

A. 
This article shall be enforced by the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to investigate violations of this article coming to his attention. It shall be the duty of the Police Department of the Borough to bring to the attention of the Code Enforcement Officer for investigation any violation of which the Police Department becomes aware during the course of its normal duties.
B. 
The licensee, 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 the display or activity. No such person shall permit any loud or boisterous conduct on said premises nor permit the display or placing of goods so as to cause an impediment of the safe and reasonable passage of pedestrians or traffic on any public or quasi-public walkway, sidewalk, road or street in the area of such premises. For the purposes of this article a minimum of four feet clearance shall be deemed safe and reasonable. All persons shall obey the reasonable orders of any member of the police or Division of Inspection of the Borough in order to maintain the public health, safety and welfare of the community.

§ 160-13 Violations and penalties.

[Amended 2-6-2006 by Ord. No. 2006-02]
Any person, association or corporation conducting any such display or similar activity without obtaining the proper permit or who shall violate any of the other terms and regulations of this article may have their permit summarily revoked by the Code Enforcement Officer. Such person shall also, upon conviction for any violation thereof, be punished by one or more of the following: a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each day's continued violation of this article shall constitute a separate and distinct offense against the provisions thereof.