[HISTORY: Adopted by the Town Council of the Town of Phillipsburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1979 by Ord. No. O:79-24
(Ch. 50A, Art. I of the 1969 Code)]
As used in this article, the following terms shall have the meanings
indicated:
Includes individuals, partnerships, voluntary associations and corporations.
Any sale of used merchandise not conducted as part of a continuing
business venture, or any 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. The term "yard sale" shall include all types of sales, such
as but not limited to "yard sales," "lawn sales," "attic sales," "rummage
sales," "garage sales" or "flea market sales."
A.
No person shall conduct a yard sale within the Town of Phillipsburg without first filing with the Town Clerk the information required by § 470-3 hereof and obtaining a yard sale permit from said Clerk.
B.
Issuance of permit.
(1)
A yard sale permit shall be issued to any applicant who
complies with the terms and conditions of this article, except that such shall
not be issued to the same applicant or for the same property more than twice
within any calendar year.
(2)
A yard sale permit shall not be issued for more than
three consecutive calendar days.
(3)
The Town shall waive the permit fee for all Town residents
participating in the annual Town-wide sale, which shall be conducted the first
Saturday in June.
[Added 5-4-2004 by Ord. No. O:2004-12]
C.
A yard sale permit must be prominently displayed on the
premises upon which the yard sale is conducted throughout the entire period
of the sale.
The following information must be filed with the Town Clerk, on a form
provided therefor, before a yard sale permit may be issued:
A.
The name of the person conducting the sale.
B.
Written consent of the owner, if the applicant is a tenant
in possession of the property on which the sale is to be conducted.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
Whether the applicant is conducting the sale together
with, for or on behalf of any other person, firm, group, organization, association
or corporation and, if so, the name of said person, firm, group, organization,
association or corporation and the date or dates of any past sale held by
same.
G.
Whether or not the applicant has, within the last 12
months, 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 and true and known by him to be
so.
All signs advertising a yard sale shall have a space allotted thereon,
upon which shall be placed the name and address of the person to whom the
permit has been issued. No signs for advertising are to be posted on any place
other than the premises of the applicant. The sign is not to exceed four square
feet in size and shall not be placed on the premises earlier than one week
prior to the sale and shall be removed within 24 hours after the sale has
terminated.
All yard sales shall be conducted between the hours of 9:00 a.m. and
dusk only.
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 persons 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.
Upon application by any bona fide charitable, nonprofit civic, educational,
cultural or governmental institution or organization, the Town Council may
waive any or all of the requirements of this article; provided, however, that
the burden of establishing eligibility for waiver shall be on the organization
or institution applying for such waiver.
[Amended 6-5-1984 by Ord. No. 0:84-18]
Any person conducting a yard sale without first obtaining a permit therefor or who shall violate any of the other provisions and regulations of this article shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that such sale shall continue without a proper permit shall be considered a separate violation.
