[HISTORY: Adopted by the Township Committee of the Township of Deerfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-15-1984 by Ord.
No. 1984-1 as Ch. 81, Art. VIII, of the 1984 Code]
As used in this article, the following terms shall have the meanings
indicated:
All sales entitled "garage sales", "lawn sales," "attic sales," "rummage
sales," "flea market sales" or any similar casual sale of tangible personal
property which is advertised by any means whereby the public is or can be
made aware of said sale.
Any goods, warehouse merchandise or other property capable of being
the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the
Township of Deerfield without first filing with the Township Clerk and obtaining
from such Clerk a license, being known as a "garage sale license."
A.
Such license shall be limited to two licenses per dwelling
unit within a twelve-month period. No such license shall be issued for more
than three consecutive days. For purposes of this section, a license issued
to one other than the owner of a property shall be deemed to be issued to
that owner as fulfilling his license entitlement for the said twelve-month
period.
B.
Each license issued under this article must be prominently
displayed on the premises upon which the garage sale is conducted throughout
the entire period of a licensed sale.
C.
On the weekend of the Annual Harvest Festival of the
Township of Deerfield which is held annually during the month of October in
the Township of Deerfield, no garage sales or other casual sales will be permitted
to be held on either Saturday or Sunday of said weekend, and no applications
for licenses for garage sales or other casual sales will be approved for that
weekend in order to promote the success of the Annual Harvest Festival in
the Township of Deerfield for the Township and the Township residents.
[Added 5-6-1987 by Ord. No.
1987-3]
All garage sales shall be conducted between the hours of 9:00 a.m. and
9:00 p.m.
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 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 article have not been complied 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 the Township of Deerfield or under
the protection of the nonconforming use section thereof,[1] 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 Code of the Township of Deerfield.
F.
Any bona fide nonprofit, civic, charitable, 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.
[Amended 7-15-1992 by Ord.
No. 1992-3]
The person to whom such license is issued and the owner or tenant of
the premises on which said 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 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 Township
official and the Fire Department of the Township in order to maintain the
public health, safety and welfare.
Any person, association or corporation conducting any garage sale or
similar activity without being properly licensed or who shall violate any
of the other terms and regulations of this article shall be subject to a fine
not to exceed $500 or imprisonment for a term not to exceed 90 days, or both,
for each violation, and each day that such sale continues without being duly
licensed shall be considered a separate violation.
