[HISTORY: Adopted by the Mayor and Council of the Borough
of Dunellen 7-6-2015 by Ord. No.
2015-04. Amendments noted where applicable.]
This chapter shall be known and cited as the "Flea Market, Garage
Sale and Yard Sale Permit Ordinance."
These rules and regulations are designed to control and restrict flea markets, garage sales and yard sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only, in keeping with the character of the neighborhood where this activity is carried on in compliance with Chapter 115, Zoning, of the Code of the Borough of Dunellen. The intent of this chapter is to eliminate perpetual, prolonged and extended flea markets, garage sales and yard sales in residential areas. Such sales, if continued indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and often violate the zoning regulations of the Borough of Dunellen. The provisions of this chapter arise from the need to limit, regulate, restrict and control flea markets, garage sales and yard sales. It is not the intent of this chapter to change or amend Chapter 115, Zoning, Chapter 211, Peddling and Soliciting, and/or any other ordinances of the Borough of Dunellen.
As used in this chapter, the following terms shall have the
meanings indicated:
A market, often outdoors, consisting of a number of individual
stalls selling old or used articles, curios and antiques, cut-rate
merchandise, etc.
The sale or offering for sale of new, used or secondhand
items of personal property at any one residential premise at any one
time. This includes all sales in residential areas entitled "garage
sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic
sale," "basement sale," "rummage sale," "flea market sale" or any
similar casual sale of tangible personal property.
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
All residential dwellings located within any type of zone,
zoned area, zoning district, whether or not said areas or zones are
residential, business, commercial or otherwise, within the geographic
boundaries of the Borough of Dunellen.
Individuals, partnerships, family groups, voluntary associations
and corporations.
A sale of used household belongings, typically held outdoors
at the home of the seller. A yard sale is synonymous with "garage
sale," though with the connotation of being held out-of-doors.
It shall be unlawful for any person to conduct a flea market,
garage sale and/or yard sale within the geographic boundaries of the
Borough of Dunellen without first obtaining a flea market, garage
sale or yard sale permit from the Municipal Clerk's Office after
filing an application containing the information hereinafter specified.
No more than three flea market, garage sales and/or yard sales,
in total, will be issued to a residence in one calendar year.
Each permit application shall be accompanied by a fee of $5
and is good for one day only, or the listed "rain date." Permits may
be issued for two-day weekend periods for $5 per day, or a total of
$10. During any Borough authorized "town-wide" sale, vendors who participate
under the auspices of the sponsoring agency will not be charged a
fee.
Applications for permits for flea markets, garage sales and
yard sales may be made at the Municipal Clerk's Office and should
be requested at least 48 hours prior to the sale. The application
for a permit must include the name, address, telephone number, and
e-mail address of the resident making the application. The flea market,
garage sales and yard sales permit must be posted at a visible location
to the traveling public for the duration of the sale.
There will be no more than five signs advertising the flea market,
garage sale or yard sale. Signs may be posted no more than three days
prior to the sale and must be removed within 24 hours of the conclusion
of the sale. Failure to remove the signs within 24 hours will subject
the sale operator to a $10 per day penalty. Signs may be attached
to stakes or be in the form of lawn signs. They may not be placed
on public property, telephone poles, or light poles.
This chapter shall not be applicable to:
A.
Persons acting in accordance with their powers and duties as public
officials.
B.
Any sale conducted by any legitimate business or commercial or industrial
establishment on property zoned under the zoning regulations of the
Borough of Dunellen with or without the protection of the nonconforming
use section of the zoning laws, or any sale conducted by any other
vendor or dealer when the sale is conducted in a properly zoned area
and not otherwise prohibited by laws of the State of New Jersey and
ordinances of the Borough of Dunellen, including this chapter.
C.
Sales by a bona fide charitable, eleemosynary, educational, cultural
or governmental institution, civic group, service club, religious
or fraternal society or other tax-exempt organization; provided, however,
that the burden of proof to establish the exemption under this subsection
shall be on the organization or institution claiming such exemption.
A.
This chapter shall be enforced by the Dunellen Police Department
or Dunellen Code Enforcer, and it shall be their duty to investigate
and prosecute any violation of this chapter.
B.
If, after an investigation, a violation is found to exist, the Dunellen
Police Department or Dunellen Code Enforcer shall prosecute a complaint
pursuant to the provisions of this chapter.
A.
The person to whom the flea market, garage sale and/or yard sale
permit was issued and the person conducting the sale and the owner,
tenant or occupant of the premises where the sale or activity is conducted
shall be jointly or severally responsible for the maintenance of good
order and decorum on the premises during the hours of such sale or
activity.
B.
No such person shall permit any loud or boisterous conduct on such
premises or permit vehicles to impede the passage of the traffic on
any roads or streets in the area of the premises where the sale is
being conducted.
Any person, firm or corporation who or which shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $500, and, in default of payment thereof,
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this chapter continues shall constitute a separate offense.
