Township of Stafford, NJ Sales, Garage and Other

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 § 170-8.

§ 170-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GARAGE SALES

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 can be made aware of said sale.

GOODS

Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

PERSON

Includes individuals, partnerships, voluntary associations and corporations.

§ 170-3 License required; fee.

[Amended 7-7-1987 by Ord. No. 87-56]

It shall be unlawful for any person to conduct a garage sale in the Township of Stafford without first filing with the Township Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "garage sale license." The fee for such license shall be and the same is hereby fixed at $5.

§ 170-4 Number of licenses limited; display.

Such license shall be issued to any one person only two times within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days, and rain dates must be specified. Charitable, religious and civic organizations may be allowed more than two licenses with the approval of the Township Council.

[Amended 9-7-1999 by Ord. No. 99-59]

No more than four garage sales may be held at any one location in the Township of Stafford during the course of any twelve-month period.

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.

§ 170-5 Application information.

The information to be filed with the Township Clerk pursuant to this chapter shall be as follows:

The name of the person, firm, group, corporation, association or organization conducting such sale.

The name of the owner of the property on which said sale is to be conducted and the consent of owner if the applicant is other than the owner.

The location at which the sale is to be conducted.

The number of days of the sale and rain dates.

[Amended 9-7-1999 by Ord. No. 99-59]

The date and nature of any past sale.

The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.

Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.

A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.

§ 170-6 Hours of sale.

All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.

§ 170-7 Removal of signs.

Any signs posted advertising the garage sale shall be removed within 48 hours after the completion of the sale.

§ 170-8 Exceptions.

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 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 Stafford 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 a properly-zoned premises and would not otherwise be prohibited in the Township ordinances.

Any bona fide charitable, eleemosynary, educational, cultural or other organization or association not-for-profit may be exempted from the two-day limitation fixed by § 170-4 hereof upon demonstrating to the Township Council 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.

§ 170-9 Enforcement.

This chapter shall be enforced by the Police Department, Code Enforcement Officer or any other employee designated by the Township Council by resolution to enforce this chapter.

[Amended 7-7-1992 by Ord. No. 92-41]

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 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 or permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. 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 members of the Police Department of the Township of Stafford in order to maintain the public health, safety and welfare.

§ 170-10 Violations and penalties.

[Amended 2-21-1989 by Ord. No. 89-22]

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.