[HISTORY: Adopted by the Township Committee
of the Township of Lacey 2-16-1979 by Ord. No. 1-79 (Ch. 69 of the
1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 269.
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market sales or other casual sales. This chapter requires the obtaining of a permit to conduct such sales and limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted from the requirements of this chapter in § 191-8.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "yard sale," "flea market sale" or any similar
casual sale of tangible personal property which is advertised by any
means whereby the public at large is or may be made aware of said
sale.
[Amended 7-11-1996 by Ord. No. 96-36]
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
[Amended 7-11-1996 by Ord. No. 96-36; 2-28-2002 by Ord. No. 02-06; 3-27-2008 by Ord. No. 2008-07]
It shall be unlawful for any person to conduct
a garage sale in the Township of Lacey without first filing with the
Township Clerk the information hereinafter specified and obtaining
from such Clerk a license to do so, which shall be known as a "garage
sale license." The fee for such license shall be and the same is hereby
fixed at $5.
[Amended 10-13-1983 by Ord. No. 30-83]
A.
Such license shall be issued to any one person only
four times within a twelve-month period, and no such license shall
be issued for more than two consecutive calendar days. The twelve-month
period shall run from January 1 to December 31 of any calendar year.
A maximum of two licenses per month may be issued for each property
where the garage sale is to take place. Charitable, religious and
civic organizations may be allowed more than one license with the
approval of the Township Committee.
[Amended 3-14-1991 by Ord. No. 9-91]
B.
Notwithstanding any other provision of this chapter,
no more than four garage sales may be held at any one location in
the Township of Lacey during the course of any twelve-month period.
C.
Each license issued under this chapter shall state
the name of the applicant and the location of the garage sale and
must be prominently displayed on the premises upon which the garage
sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Township
Clerk, pursuant to this chapter, shall be as follows:
A.
Name of the person, firm, group, corporation, association
or organization conducting such sale.
B.
Name of the owner of the property on which said sale
is to be conducted and the written consent of owner if applicant is
other than owner.
[Amended 7-11-1996 by Ord. No. 96-36]
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
If there was a past sale, the relationship or connection
the applicant had with any other person, firm, group, organization,
association or corporation conducting said past sale and the date
or dates of the past sale.
[Amended 7-11-1996 by Ord. No. 96-36]
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
A sworn statement or affirmation by the person signing
that the information therein given is full, true and known to him
or her to be so.
[Amended 7-11-1996 by Ord. No. 96-36]
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
[Amended 7-11-1996 by Ord. No. 96-36]
A.
Signs posted on handbills advertising a garage sale
as herein defined shall be of a size not larger than 12 inches by
12 inches and must contain, in addition to the definition of the type
of sale being advertised, the name and address of the person conducting
the sale, the number of the permit issued by the Township of Lacey
and the dates for which such permits were issued.
B.
All such signs shall be removed within 48 hours after
the completion of the sale. A newspaper advertisement of such sale
shall contain the address of the person conducting the sale.
A.
The provisions of this chapter shall not apply to
or affect the following persons or sales:
(1)
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and
duties as public officials.
(3)
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.
(4)
Any publisher of a newspaper, magazine, other publication
or communication medium 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 complied with.
[Amended 7-11-1996 by Ord. No. 96-36]
(5)
Any sale conducted by any merchant or other business
establishment in a place of business wherein such sale would be permitted
by the Land Use Ordinances of the Township of Lacey or under the protection
of the nonconforming use section thereof or any sale conducted by
a manufacturer, dealer or vendor, which sale would be conducted from
properly zoned premises and would not otherwise be prohibited by any
Township ordinance.
[Amended 7-11-1996 by Ord. No. 96-36]
B.
Any bona fide charitable, philanthropic, educational, cultural or other organization or association not for profit may be exempted from the two-day limitation fixed by § 191-4 hereof upon demonstrating to the Township Committee its right to such exemption. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
[Amended 7-11-1996 by Ord. No. 96-36]
A.
This chapter shall be enforced by the Police Department
of the Township of Lacey.
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 activities
conducted on the premises during all hours of such garage sale. Any
persons responsible for any disturbance of the peace, disorderly conduct
or impeding of the flow of pedestrian or vehicular traffic shall be
subject to all appropriate and applicable penalties available under
state and local law. All goods offered for sale shall be removed from
public view within 48 hours after the completion of the garage sale.
All such persons shall obey the reasonable orders of any member of
the Police Department of the Township of Lacey in order to maintain
the public health, safety and welfare.
[Amended 7-11-1996 by Ord. No. 96-36]
[Amended 7-11-1996 by Ord. No. 96-36]
Any person, firm, association or corporation
convicted of violating any provision of this chapter or any amendment
or supplement thereto shall be subject to a fine not exceeding $1,000,
imprisonment in the Ocean County Jail for a term not exceeding 90
days and/or a period of community service not exceeding 90 days, at
the discretion of the Municipal Judge having jurisdiction in the matter.
