[HISTORY: Adopted by the Township Committee of the Township of Harmony 2-7-1984 as Ord. No. 0:84-2. Section 133-9A amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any tangible goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- OCCASIONAL SALES
- Includes all sales commonly known as "garage sales," "lawn sales," "attic sales," "rummage sales," "flea market sales" or any similar occasional casual sale of tangible personal property which is advertised by any means whereby the general public is and can be made aware of such sale.
- Includes individuals, partnerships, corporations and voluntary associations of any kind whatsoever.
It shall be unlawful for any person to conduct an occasional sale within the Township of Harmony without having first applied to the Township Clerk for a permit to do so, supplying to the Clerk the information hereinafter specified and obtaining from such Township Clerk a license so to do, said license to be known as an "occasional sales license."
The fee for such license shall be and the same is hereby fixed at the sum of $5.
[Amended 12-14-2010 by Ord. No. 10-12]
Such license shall be issued to any one person for a maximum of three times in a twelve-month period, there being a required minimum of two months between the issuance of any such licenses; and no such license shall be issued for more than four consecutive calendar days, except that, during the months of June, July and August, two four-day sales may be operated in two consecutive weeks; provided, however, that at least three days separate the sales. This exception of two four-day sales would, for the purpose of this chapter, constitute one sale. Charitable, religious and civic organizations may be allowed more than three licenses with the approval of the Township Committee.
[Amended 8-5-1986 by Ord. No. 0:86-4]
Each license issued pursuant to this chapter must be prominently displayed on the premises upon which the occasional sale is conducted throughout the entire period of such licensed sale.
The information to be filed with the Township Clerk pursuant to this chapter shall be as follows:
The name of the persons, firm, group, corporation, association or organization conducting said sale.
The name of the owner of the property upon which the sale is to be conducted and consent of the owner if the applicant is other than the owner.
The location at which the sale is to be conducted by description of the property by lot and block designation as shown on the Harmony Township Tax Map and by street and mailing address.
The number of days proposed for said sale.
The date and nature of any past sales occurring within the 12 months immediately prior to the date of the application for the sale in question.
The relationship or connection, if any, the applicant for the license has with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sales.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
A statement, under oath or affirmation, by the person applying for the license that the information given on the application form for said license is full and true and known by the applicant to be so.
All occasional sales shall be conducted between the hours of 8:00 a.m. and 6:00 p.m. only.
All persons are prohibited from making, causing to be made or erecting signs other than those herewith allowed to be erected in conjunction with this chapter. Said signs shall be of uniform size and form and shall not exceed 18 inches by 18 inches in dimension, which may be lettered upon one side only, may be a freestanding sign or may be affixed to either a building located upon the premises which is the site of the occasional sale or may be affixed to any tree located upon said site, but shall not be affixed to any telephone or other utility pole.
There shall be a maximum of 2 such signs erected in accordance with the within provisions, which shall be located a minimum setback distance of 10 feet from the edge of the right-of-way of any public road adjacent to the site on which the subject of the sale is located.
All signs erected in accordance with the within provisions must be removed immediately upon conclusion of the sale.
Said sign shall have a space allotted thereon, upon which shall be placed the name and address of the person conducting the sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale any item or items of personal property which are specifically and individually named or described in the advertisement and which separate items do not exceed five in number.
Any sale conducted by any merchant or other business establishment from or at any place of business wherein such sale would be permitted by the zoning regulations of the Township of Harmony or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sales are conducted from properly zoned premises and not otherwise prohibited by the Harmony Township Zoning Ordinance.
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 upon the organization or institution claiming such exemption.
The sale of fruit or vegetable produce actually raised upon the site from which the produce is offered for sale. Such sales shall only take place upon the actual site upon which the produce so offered for sale is grown. The provisions of § 133-6 notwithstanding, a sign advertising such produce for sale, not exceeding the dimensions of two feet by two feet which may be freestanding, may be erected anywhere on the site but outside the right-of-way of any public road abutting said site, and provided that said signs may only be erected when the produce is in season and is actually being offered for sale. At all other times, said signs shall fully comply with the provisions of § 133-4 of this chapter.
This chapter shall be enforced by the Harmony Township Zoning Officer. It shall be the duty of the Zoning Officer to investigate any violation of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge, and if violation is found to exist, he shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter.
The person to whom such a license is issued and the owner, tenant or occupant of the premises upon which the 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 such premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to any combination of the following:
[Amended 8-7-1990 by Ord. No. O:90-15]
Each and every day such violation continues shall be deemed a separate and distinct violation.