[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984
by Ord. No. A-12-84 as Ch. 113 of the 1984 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
All sales of multiple items of tangible personal property, open to
the general public, conducted on a residential premises by the owner or occupant
thereof or his agent. Such sales shall include, but not be limited to, sales
known as "garage sales," "attic sales," "estate sales," "estate auctions,"
"lawn sales," "rummage sales," "porch or yard sales" or "flea market sales,"
and shall include the advertising thereof. "Garage sale" shall not be interpreted
to include the casual sale of an automobile by the owner or occupant of the
residential premises or the casual sale of three or fewer items of tangible
personal property by the owner or occupant of the residential premises.
A corporation, partnership or any other entity, as well as a natural
person.
The provisions of this chapter and the requirement for a permit and
the payment of a fee shall not apply to any bona fide charitable, religious
or nonprofit organization.
[Amended 5-12-2003 by Ord. No. O-22-03]
Any person conducting a garage sale shall be required to obtain a permit
therefor from the Department of Building, Planning, Economic Development,
Community Development and Engineering, City of Rahway. Application for such
permit shall be made to the Department of Building on such forms as may be
required by the City and shall be accompanied by a permit fee in the amount
of $5.
All garage sales, as defined in this chapter, shall be subject to the
following conditions:
A.Â
No tangible personal property from any commercial business
enterprise shall be included in a garage sale for the purpose of resale.
B.Â
No signs advertising such sale, except those provided
by the City of Rahway, shall be posted anywhere within the City of Rahway.
Such signs shall not be posted sooner than two days prior to the date of such
sale and shall be removed at the end of the last day on which such sale is
held. No more than four such signs shall be posted. The name of the person
conducting the garage sale, as well as the address, date and time of such
sale, may also be included on the sign.
C.Â
No more than two such sales per year shall be held at
any residential property unless said property has undergone a complete change
of occupancy.
D.Â
On any day that such sale is conducted, such sale shall
be confined to the hours between 8:00 a.m. and 6:00 p.m., during the period
from October to May, inclusive, and between the hours of 8:00 a.m. and 8:00
p.m. during the period from May through September, inclusive. Such sale shall
not be held for a period in excess of three days.
E.Â
No merchandise shall be displayed within 10 feet of the
curbline adjacent to the property.
[Amended 7-9-1984 by Ord. No. A-12-84]
Any person who violates any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment
for a period not exceeding 90 days, or both. Each day during which any violation
of this chapter continues or exists shall be deemed to be a separate violation.
The provisions of this chapter shall be enforced by the Police Department
of the City of Rahway.
All violations of this chapter or any part of same shall be reported
by the Police Department to the Zoning Officer within three days of occurrence.
