[HISTORY: Adopted by the Township Council of the Township of East Hanover 11-1-2017 by Ord. No. 16-2017. Amendments noted where applicable.]
Land use and zoning — See Ch. 95.
Clothing bins — See Ch. 96.
Peddling and soliciting — See Ch. 118.
Special sales — See Ch. 122.
Editor's Note: Former Ch. 85, Fire Prevention, adopted 4-15-1993 by Ord. No. 1-1993, as amended, was repealed 7-10-2006 by Ord. No. 16-2006. See now Ch. 25, Fire Department, Art. IV, Bureau of Fire Prevention, and Art. V, Bureau of Fire Prevention Administration.
These rules and regulations are designed to control and restrict garage sales, yard sales and flea markets in order to protect the public health, safety and convenience of Township residents; 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 out. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales, yard sales and flea markets 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 Township of East Hanover. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales, yard sales and flea markets. It is not the intent of this chapter to change or amend Chapter 95, Land Use and Zoning; Chapter 118, Peddling and Soliciting; and/or any other ordinances of the Township of East Hanover.
As used in this chapter, the following terms shall have the meanings indicated:
- FLEA MARKET
- A market, often outdoors, consisting of a number of individual stalls selling old or used articles, curios and antiques, cut-rate merchandise, etc.
- GARAGE SALE
- The sale or offering for sale of new, used or secondhand items of personal property at any one residential premises at any one time. This includes all sales in residential areas entitled "garage sale," "yard sale," "front yard sale," "backyard sale," "home sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale," "estate sale," "patio sale" or any similar designation depicting a 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 Township of East Hanover.
- Individuals, partnerships, estate, family groups, voluntary associations and corporations.
- YARD SALE
- 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 garage sale, yard sale and flea market within the geographic boundaries of the Township of East Hanover without first obtaining a garage sale, yard sale and flea market permit from the Township Clerk's office after filing an application containing the information hereinafter specified.
No more than four garage sale, yard sale and flea market permits, in total, will be issued to a residence in one calendar year.
Each permit application shall be accompanied by a fee of $0 and is good for either a one-day; two-day weekend; or three-day weekend period; and any "rain date." During any Township-authorized "town-wide" sale, vendors who participate under the auspices of the sponsoring agency will not be charged a fee.
Applications for permits for garage sales, yard sales and flea markets may be made at the Township 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 garage sales, yard sales and flea markets 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 garage sales, yard sales and flea markets. 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 may subject the sale operator to a penalty of $5 per day. 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:
Persons acting in accordance with their powers and duties as public officials.
Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Township of East Hanover, 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 Township of East Hanover, including this chapter.
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.
This chapter shall be enforced by the Township Police Department or the Township Zoning Officer, and it shall be their duty to investigate and prosecute any violations of this chapter. If, after an investigation, a violation is found to exist, the Township Police Department or the Township Zoning Officer shall prosecute a complaint pursuant to the provisions of this chapter.
The person to whom the garage sales, yard sales and flea markets 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. 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, estate, 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.