As used in this article, the following terms shall have the
meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "attic sale,"
"rummage sale," "house sale," "yard sale," "estate sale," "tag sale,"
"flea market sale" or any similar causal sale of tangible personal
property which is advertised by a means whereby the public at large
is or can be made aware of said sale.
GOODS
Includes any goods or other property capable of being the
object of sale regulated hereunder and which is owned by the conductor
of the garage sale.
OCCUPANT
The owner or lessee of the premises.
It is unlawful to conduct a garage sale in the Township of Livingston
without first registering the intended garage sale with the Building
Department and providing the information hereinafter specified.
The information to be provided to the Township's Building
Department, pursuant to this article, shall be as follows:
A. Name, address, email and phone number of applicant.
B. Name, address, email and phone number of lessee of the premises on
which said sale is to be conducted.
C. Location at which sale is to be conducted.
E. Date and nature of any past sale.
The person conducting the sale 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
persons 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. All such persons shall obey
the reasonable orders of any member of the Police or Fire Departments
of the Township in order to maintain the public health, safety and
welfare.
All garage sales shall be conducted between the hours of 8:00
a.m. and 5:00 p.m. only.
It is unlawful for any person to offer for sale mattresses,
bedsprings, cots, lounges and sofas in any garage sale authorized
under this article without first complying with the appropriate regulations
for labeling, sterilizing and disinfecting of said mattresses, bedsprings,
cots, lounges and sofas.
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 sale conducted by any merchant of mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Township, or under the
protection of the nonconforming use section thereof or any other sale
conducted by a manufacturer, dealer or vendor and which sale is otherwise
not prohibited in the ordinances.
D. Any bona fide charitable, 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. Such exemption may be permitted
by resolution of Township Council upon application by any of the aforementioned
types of organizations.
Police to issue summons upon discovery of violation. Building
Department will issue summons for violations of which it becomes aware.
Any person, association or corporation conducting any such sale
or similar activity without being properly registered therefor or
who shall violate any of the other terms and regulations of this article
shall upon conviction be fined up to $500 for first offense and up
to $1,000 for each subsequent violation. Each day that such sale shall
continue without notification being provided shall be considered a
separate violation.