[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 327.
[Adopted 6-28-1976 by Ord. No. 714 (Ch.
154 of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "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.
It shall be unlawful for any person to conduct
a garage sale in the Borough of South Plainfield without first filing
with the Borough Clerk the information hereinafter specified and obtaining
from such Borough Clerk a license so to do, to be known as a "garage
sale license." The fee for such license shall be and the same is hereby
fixed at $2.
[Amended 11-12-1998 by Ord. No. 1493]
A.
Such license shall be issued to any one person at
a single specific location only once within a six-month period, and
no such license shall be issued for more than two consecutive calendar
days. Charitable and religious and civic organizations may be allowed
more than two licenses per year with the approval of the Mayor and
Council.
B.
Each license issued under this article must be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the licensed sale.
The information to be filed with the Borough
Clerk pursuant to this article shall be as follows:
A.
Name of persons, firm, group, corporation, association
or organization conducting said sale.
B.
Name of the owner of the property on which said sale
is to be conducted, and consent of the owner if the applicant is other
than the owner. No person failing to comply with this provision shall
be issued a license.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sale.
F.
Relationship or connection the applicant may have
had with any other person, firm, group, organization, association
or corporation conducting said sale and the date or dates of such
sale.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
[Amended 11-12-1998 by Ord. No. 1493]
A.
Only signs of uniform size and form not to exceed
24 inches by 24 inches shall be permitted to be displayed. All other
signs are prohibited.
B.
Said signs shall have a space allotted thereon upon which shall be placed the name an address of the person running the sale, and said signs shall be removed within 48 hours after the completion of the sale. Placing signs upon utility poles is a violation of law and shall subject the violator to fines and penalties including those as provided in § 342-9 herein.
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 South Plainfield or under the protection of the nonconforming use
section thereof,[1] 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.
[1]
Editor's Note: The Zoning Ordinance is on
file in the office of the Borough Clerk.
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.
[Amended 4-28-1994 by Ord. No. 1357]
A.
This article shall be enforced by the South Plainfield
Code Enforcement Officer, the Police Department and/or the Zoning
Officer. It shall be the duty of the Police Department and Zoning
Officer to investigate any violation of this article coming to their
attention, whether by complaint or arising from personal knowledge,
and if a violation is found to exist, there shall be prosecuted a
complaint before the local Municipal Court pursuant to the provisions
of this article.
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 maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such person shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on any roads or streets in the area of such premises. The
sale shall be conducted in such a manner as to not create any nuisance
or disturbance and to not create any violation of any applicable ordinances,
regulations or statutes. All such persons shall obey the reasonable
orders of any member of the Police Department or Fire Department of
the Borough of South Plainfield or the Code Enforcement Officer in
order to maintain the public health, safety and welfare.
Any person, association or corporation conducting
any such sale or similar activity without being properly licensed
therefor or who shall violate any of the other terms and regulations
of the chapter shall, upon conviction, be fined not in excess of $500
or be imprisoned for a period not to exceed 90 days for each violation.
Each day that such sale shall continue without being duly licensed
shall be considered a separate violation. The penalties provided herein
shall be applicable and may be imposed upon any person who shall give
false information on the application herein required, said penalties
to be administered by the Judge of the Municipal Court of the Borough
of South Plainfield.
