[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:
A.
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;
B.
To establish standards governing the physical components, conditions
and appearance of properties to maintain them in a manner to preserve
the public good;
C.
To fix and establish penalties for the violation of any provisions
of this Code;
D.
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:
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.
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
Any attractive nuisance which may prove detrimental to the health
and/or safety of children.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises; or
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.
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.
A.
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.
B.
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;
C.
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.
