[HISTORY: Adopted by the Township Council of the Township
of Willingboro 10-21-2014 by Ord.
No. 2014-9. Amendments noted where applicable.]
A.
Whereas, the intrusion of nonregulated yard sales is causing an annoyance
to citizens and congestion of the streets in the residential zones
in Willingboro Township.
B.
The provisions contained in this chapter are intended to regulate
the conducting of a business in any zoned residential areas or residential
premises by regulating the terms and frequency of yard sales so as
not to disturb the residential environment of the area.
For the purpose of this chapter, the terms used herein are defined
as follows:
Includes any goods, merchandise or other property capable
of being the object of sale regulated hereunder. Excludes food items.
Includes individuals, partnerships voluntary associations
and corporations.
A lot on which a building is located which has a certificate
of occupancy for a residential occupancy classification only as the
same is defined by the International Building Code, New Jersey Edition.
Includes all sales known as "garage sales," "lawn sales,"
"attic sales," "rummage sales" 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.
It shall be unlawful for any person to conduct a yard sale in
Willingboro Township unless said person is a resident to the Township
and has first filed with the Inspections Department the information
herein specified and thereafter obtained a license so to do, to be
known as a "yard sale license." No fee shall be charged for a yard
sale license.
A.
Such license shall be issued to any one person and/or address, no
more than four per year, and no license for more than two consecutive
calendar days.
B.
Fire departments and religious institutions shall be allowed eight
licenses per year. These organizations may be allowed more than eight
licenses per year upon the approval of the Township Council.
C.
Each license issued under this chapter must be prominently displayed
on the premises upon which the yard sale is conducted throughout the
entire period of the licensed sale.
The information to be filed with the Inspections Department
pursuant to this chapter shall be as follows:
A.
Name of person, 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.
The applicant must reside on the premises.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sales.
F.
Relationship or connection the applicant may have with any other
person, firm, group, organization, association or corporation conducting
said sale and the date or dates of such sales.
G.
Whether or not the applicant has been issued any other mercantile
license by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing that information
therein given is full and true and known to him to be so.
All yard sales shall be conducted between the hours of 7:00
a.m. and 4:00 p.m. only.
The provisions of this chapter 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 chapter have not been compiled
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 Willingboro 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 would be conducted from properly zoned premises and not otherwise
prohibited in the revised ordinances.
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.
A.
This chapter shall be enforced by the Code Enforcement Officer. It
shall be the duty of the Code Enforcement Officer to investigate any
violations of this chapter coming to his attention, whether by complaint
or arising from his own personal knowledge, and if any violation is
found to exist, he shall prosecute a complaint before the local Municipal
Court pursuant to the provisions of this chapter. It shall be the
duty of the Police Department of Willingboro Township to bring to
the attention of the Code Enforcement Officer for further investigation
any violations of this chapter of which the Police Department becomes
aware during the course of its normal duties.
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 and
decorum on the premises during all hours of such sale or activity.
All signs advertising yard sale must be removed no later than the
day after the yard sale, or a fine may be imposed. 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. All such persons shall obey the reasonable
orders of any member of the Police or Fire Department of Willingboro
Township in order to maintain the public health, safety and welfare.
Any persons as defined herein conducting any such sale or similar
activity without being properly licensed therefor or who shall violate
any of the other terms and regulations of this chapter shall, upon
conviction in Willingboro Township Municipal Court, be subject to
a fine of not more than $1,000, imprisonment for not more than 90
days and/or a period of community service for not more than 90 days.
Each date as such sale shall continue without being duly licensed
shall be considered a separate violation.
