[HISTORY: Adopted by the Borough Council of the Borough of Wenonah 9-22-2011 by Ord. No. 10-2011. Amendments noted where applicable.]
It is hereby found and declared that the regulation of yard sales and garage sales is necessary to promote the public health, safety and welfare by the prevention of nuisance conditions.
The purposes of this Yard Sale and Garage Sale Code include:
The protection of the public health, safety and welfare of the citizens of the Borough of Wenonah by establishing standards governing the conduct of yard sales and garage sales;
To establish standards governing the physical components, conditions and appearance of properties to maintain them in a manner to preserve the public good;
To fix and establish penalties for the violation of any provisions of this Code;
To establish standards that are intended to be remedial and necessary for the public health, safety and welfare, thereby intending that this Code is to be liberally construed to effectuate the purposes as stated herein.
The following terms, whenever used herein or recited within this chapter, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
- YARD SALE OR GARAGE SALE
- The offering for sale of goods, products or other personal property by an owner or tenant of a residential property, a church or other nonprofit entity, such goods typically stored or displayed within the exterior of the premises.
- A. Public nuisance recognized in the common law or equity jurisprudence or as provided by the Statutes of the State of New Jersey or Ordinances of the Borough of Wenonah; or
- B. Any attractive nuisance which may prove detrimental to the health and/or safety of children.
- C. Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises; or
- D. Fire hazards or risks which shall include, but not be limited to, the maintenance and/or storage of combustible materials or flammable chemicals.
- Any person or entity, alone or jointly or severally with others, who shall have legal or equitable title to any residential property, church or of a property owned by a nonprofit entity, with or without permission thereof, or who shall have charge, care or control of any such property as an owner or agent of the owner or as executor, administrator, trustee, receiver or guardian of the estate, regardless of the means by which such possession was obtained. Additionally, any person who is a tenant, sub-tenant or co-tenant shall be deemed to be an owner for the purposes of this Code.
- Any lot or parcel of land and the physical improvements thereon.
- PUBLIC OFFICER
- Any officer or employee in charge of any department or branch of government of the Borough of Wenonah or having authority established by the Borough of Wenonah by contract, appointment or employment relating to the health, fire, building regulations, public safety or other activities concerning property maintenance in the Borough including, but not limited to, the Code Enforcement Official, a Police Officer, Fire Chief, Fire Code Official, Director of Public Works or Zoning Officer.
Nothing in this chapter shall be construed to abrogate or impair the authority of the Borough of Wenonah to enforce any provisions of this ordinance or regulations or prevent or punish violations thereof with the authority conferred by this chapter to be in addition and supplemental to the authority conferred by any other law or ordinance.
A yard sale or garage sale may be conducted only between the hours of 7:00 a.m. to 5:00 p.m.
A yard sale or garage sale may not be conducted on any legal holiday as such holidays are recognized by the State of New Jersey.
A yard sale or garage sale can only be conducted by an owner of the premises on which the sale is being conducted.
No owner shall conduct or cause to be conducted a yard sale or garage sale on the premises in excess of three sales per calendar year. No consecutive days of sales are permitted.
All yard sale or garage sale signs shall be placed on the sale premises only. No off-premises signs advertising for or directing to sales are permitted.
All signs for sales shall not measure more than four feet wide and four feet high and shall not be attached to utility poles, structures, trees, shrubs, or vehicles;
No more than two signs are permitted for any sale.
All articles, tables, displays, racks and goods offered for sale must be set back a minimum of 12 feet from the curb or, where no curb is present, from the paved edge of a street.
All yard sale and garage sale items, tables, displays and signs must be removed from the exterior premises at the conclusion of the duration of the sale. No such items shall be stored upon the exterior of the premises at the conclusion of the sale.
Yard sales and garage sales shall be conducted only upon residential properties exclusive of multi-family apartment complexes having in excess of five residential units therein or church properties or other properties owned by a nonprofit entity. No yard sales or garage sales shall be conducted upon any other property.
No sound device, recording system or public address system may be used at a yard sale or garage sale for any purposes whatsoever.
The provisions of this chapter may be enforced by any one or more public officers of the Borough of Wenonah as such are defined herein.
Any person who shall violate the provisions of this chapter shall be subject to a fine of $200 for each separate violation or sentenced to a period of community service not exceeding five days, or both, for a first offense; a fine of $500 or a period of community service not exceeding 10 days, or both, for a second offense; and a fine of $750 or a period of community service not exceeding 30 days, or both, for a third or subsequent offense.
All ordinances of the Borough of Wenonah inconsistent with the provisions of this ordinance be and are hereby repealed to the extent of such inconsistency.
All existing ordinances not inconsistent with the provisions of this ordinance be and are hereby saved from repeal. Should any section, clause, sentence, phrase or provision of this ordinance be declared unconstitutional, unlawful or unenforceable by a Court of competent jurisdiction, all other parts or provisions of this ordinance shall be severable and deemed lawful and enforceable.
This ordinance shall take effect immediately upon passage, publication and as otherwise provided by law.