[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 269.
[Amended 7-24-2008 by Ord. No. 2008-08]
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, or other casual sales. This chapter requires the obtaining of a permit to conduct such sales, and limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted from the requirements of this chapter in § 191-8.
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," "yard sale" or any similar casual sale of tangible
personal property which is advertised by any means whereby the public
at large is, or may 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.
It shall be unlawful for any person to conduct
a garage sale in the Township of Little Egg Harbor without first filing
with the Township Clerk the information hereinafter specified and
obtaining from the Clerk a license to do so, which shall be known
as a "garage sale license." The fee for such license shall be and
the same is hereby fixed at $5.
A.
Such license shall be issued to any one person only
three times during a twelve-month period for any one resident and/or
family household. The twelve-month period shall run from January 1
to December 31 of any calendar year. Charitable, religious and civic
organizations may be allowed more than three licenses with the prior
written approval of the Township Administrator.
[Amended 7-24-2008 by Ord. No. 2008-08]
B.
Notwithstanding any other provision of this chapter,
garage sales shall be limited in time to no more than three consecutive
days or two consecutive weekends (Saturday and Sunday, or Friday and
Saturday).
[Amended 7-24-2008 by Ord. No. 2008-08]
C.
Each license issued under this chapter shall state
the name of the applicant and the location of the garage sale and
must be prominently displayed on the premises upon which the garage
sale is conducted throughout the entire period of the licensed sale.
A.
The information to be filed with the Township Clerk,
along with the prescribed fee of $5, shall be as follows:
(1)
Name of the person, firm, group, corporation, association,
or organization conducting such sale.
(2)
Name of the owner of the property on which said sale
is to be conducted and the written consent of owner if applicant is
other than owner.
(3)
Location at which the sale is to be conducted.
(4)
Number of days of the sale.
(5)
Date and nature of any past sale.
(6)
If there was a past sale, the relationship or connection
the applicant had with any other person, firm, group, organization,
association, or corporation conducting said past sale, and the date
or dates of the past sale.
(7)
Whether or not the applicant has been issued any other
vendor's license by any local, state, or federal agency.
(8)
A sworn statement or affirmation by the person signing
that the information therein given is full, true and known to him
or her to be so.
B.
The information contained in Subsection A above shall be forwarded to the Chief of Police, who shall review the information to determine whether the location of the proposed garage sale would create an undue traffic hazard. The Chief of Police shall consider factors such as, but not limited to, whether the street upon which the house fronts has more than two lanes, parking availability and the speed limit of the street. If the Chief of Police determines that the proposed garage sale shall create such traffic hazard, he or she shall advise the Township Clerk to either deny the license or issue the license contingent upon the satisfaction of any special conditions which the Chief of Police determines is necessary to preserve the safety, health and welfare of the public.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
A.
Signs advertising a garage sale as herein defined
shall be of a size not larger than 12 inches by 12 inches and must
contain, in addition to the definition of the type of sale being advertised,
the name and address of the person conducting the sale, the number
of the permit issued by the Township of Little Egg Harbor and the
dates for which such permits were issued.
B.
All signs shall be removed within 48 hours after the
completion of the sale. A newspaper advertisement of a sale shall
contain the address of the person conducting the sale.
A.
The provisions of this chapter shall not apply to
or affect the following persons or sales:
(1)
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and
duties as public officials.
(3)
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.
(4)
Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by Chapter 212, Land Development, of the Code of the Township of Little Egg Harbor or under the protection of the nonconforming use section thereof, or any sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from properly zoned premises and would not otherwise be prohibited by any Township ordinance.
B.
Any bona fide charitable, philanthropic, educational, cultural, or other not-for-profit organization or association may be exempted from the two-day limitation fixed by § 191-4A herein upon demonstrating to the Township Committee its right to such exemption, and when the proceeds of the sale are used directly for the institution's or organization's charitable purposes and the goods or articles are not sold on a consignment basis. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
A.
This chapter shall be enforced by the Police Department
of the Township of Little Egg Harbor.
B.
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 activities
conducted on the premises during all hours of the garage sale. Persons
responsible for disturbance of the peace, disorderly conduct, or impeding
the flow of pedestrian or vehicular traffic, shall be subject to all
appropriate and applicable penalties available under state and local
law. All goods offered for sale shall be removed from public view
within 48 hours after the completion of the garage sale. All persons
shall obey the reasonable orders of any member of the Police Department
of the Township of Little Egg Harbor in order to maintain the public
health, safety and welfare.
A.
Any person, firm, association, or corporation convicted
of violating any provision of this chapter or any amendment or supplement
thereto shall be subject to a fine not exceeding $1,250, imprisonment
in the Ocean County Jail for a term not exceeding 90 days and/or a
period of community service not exceeding 90 days, at the discretion
of the Municipal Judge having jurisdiction in the matter. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this chapter will
be subject to abatement summarily by restraining order or injunction
issued by a court of competent jurisdiction.
