[HISTORY: Adopted by the Township Council of the Township of Mount Holly 8-15-1980 by Ord. No. 1980-17. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 145.
Crying of goods at auction — See Ch. 172, § 172-1.
Peddling and soliciting — See Ch. 194.
Sale of abandoned shopping carts — See Ch. 231.
The following words or phrases shall have the following meanings when used in this chapter.
AUCTION SALE
The sale of property to the highest bidder therefor.
GARAGE SALES
Occasional sales by a householder of personal property accumulated in the normal use of a dwelling as a residence and no longer needed by the occupants, such as used crockery, kitchenware, dishes, toys, furniture, costume jewelry, used clothing, used appliances, rugs, drapes and the like; offered for sale in the dwelling, appurtenant garage or other outbuilding on the property or appurtenant yards.
SALES
Includes both auction and garage sales and shall be applicable to either one.
Sales are prohibited unless licensed under a permit issued pursuant to the provisions of this chapter and conducted in compliance with this chapter. Sales of personal property not permitted by this chapter must conform to the requirements of Chapter 149, Land Use.
A. 
No auction shall be conducted, except by a licensed auctioneer, in the following circumstances:
(1) 
Judicial sales pursuant to the order or process of a court, but not where the property has been moved to the situs for the purpose of the sale.
(2) 
Sales of farm stock, supplies or equipment on the occasion of the sale of the farm or the death, retirement or removal of the owner or tenant of the farm, provided that the sale is conducted on the farm and no more than one sale in any period of 12 consecutive months is conducted.
(3) 
Not more than one inventory or seasonal clearance sale a year, at a retail or wholesale commercial or industrial establishment, for disposal of excess or seasonal inventory or of fixtures accumulated in the regular course of business at the premises where the sale is held and no part of which has been purchased or acquired or moved to the premises for the purpose of sale at auction.
B. 
No more than two auction sales shall be permitted on the same premises in any twelve-month period.
C. 
No auction sale shall be authorized by permit or conducted unless the farm, commercial business or industry whose assets are being auctioned has been actively engaged in the same business at the location where the assets were employed and are so employed for a continuous period of one year immediately preceding the auction.
D. 
The Township shall require from each auctioneer a bond in the amount of $5,000 in accordance with N.J.S.A. 40:52-1i.
[Added 6-22-1992 by Ord. No. 1992-5]
No garage sale shall be conducted except in the following circumstances:
A. 
The merchandise offered at the sale shall be only merchandise acquired for normal use by the householder or other persons occupying the dwelling on the premises where the sale is held.
B. 
No more than two garage sales shall be permitted on the same premises in any twelve-month period, and no such sale shall continue longer than two days.
All sales shall comply with the following provisions:
A. 
Application for a license to hold such sale shall be made, in writing, to the Zoning Officer at least one business day before the date the sale is to be held. The application form shall show:
(1) 
The name and address of the applicant.
(2) 
The place, date and time when the sale is to be held.
(3) 
The name, address and phone number of the person who assumes responsibility for compliance with the provisions of this chapter, which person shall also sign the application.
(4) 
The name of the auctioneer, if an auction sale.
(5) 
The nature of the sale and the merchandise to be sold.
(6) 
Whether or not any signs pertaining to the sale are to be posted and, if so, where. The application shall be accompanied by the written permission of the utility or person on whose property such sign is to be posted.
(7) 
The date the last sale was conducted on such property.
B. 
For the purpose of administering the provisions of this chapter, there is imposed and the applicant shall pay at the time of filing the application the sum of $10 for each sale.
[Amended 6-13-2011 by Ord. No. 2011-06]
C. 
No sales of any kind shall be held before 9:00 a.m. or after 6:00 p.m. on any day.
D. 
No merchandise offered for sale shall be displayed more than one day before the commencement of the sale or allowed to remain more than 24 hours after the termination of the sale.
E. 
No signs pertaining to the sale, directional or otherwise, shall be posted on any utility pole, tree or property without the written consent of the utility or owner of such tree or property. No nails shall be driven into trees, and no sign shall be any larger than three feet by two feet. No sign shall be posted more than 48 hours before the sale, and all signs must be removed within 24 hours after the conclusion of the sale.
F. 
Sales shall be conducted wholly within the confines of the property and in such a manner so as to cause no obstruction or encroachment on neighboring property or public sidewalks, streets or other public ways.
G. 
The person responsible for the conduct of the sale shall be responsible to see that no disorder occurs, that there is no littering of adjoining property or public ways, that there is no trespassing on adjoining property and that these regulations are adhered to.
H. 
No device or amplifying sound, music or other sound device shall be allowed, and any necessary sound shall be kept sufficiently low so as not to be audible within 50 feet of the property where the sale is held.
[Amended 12-10-1984 by Ord. No. 1984-22; 6-13-2011 by Ord. No. 2011-06]
Any person, firm or corporation violating any provision of this chapter shall be subject to a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days, for each such offense, in the discretion of the court.