Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Wharton (Sec. 15-4 of the Revised General Ordinances). Amendments noted where applicable.]

§ 358-1 Definitions; prohibited sales items.

A. 
As used in this chapter, the following terms shall have the meanings indicated.
CASUAL SALE
Includes all sales entitled "garage sales," "lawn sales," "attic sales," "rummage sales," "estate sales," "yard sales" or "flea market sales," 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 or other property capable of being the object of sale regulated hereunder.
PERSON
Includes individuals, partnerships, companies, voluntary associations, corporations, or other legal entities.
B. 
Home sales of food items and mattresses are prohibited.

§ 358-2 License required; fee.

It shall be unlawful for any person to conduct any sale as defined in § 358-1 without first filing with the licensing official of the Borough the information hereinafter specified and obtaining from the licensing official a license to be known as "casual sale license." The fee for this license is $5.

§ 358-3 Licenses limited.

This license shall be issued to any one person and location only twice within a twelve-month period, and no such license shall be for no more than three consecutive calendar days. In the event of inclement weather and the sale cannot take place, the license may include one rain day equivalent to the number of inclement days of sale granted. In the event that a resident is about to move from the Borough, one additional license may be issued within such twelve-month period, provided that the sale thereunder is held within 90 days of the expected moving date from the Borough.

§ 358-4 Display of license.

Each license issued under this chapter shall be prominently displayed on the premises upon which the sale is conducted throughout the entire period of the licensed sale.

§ 358-5 Application.

Application for the license issued hereunder shall be made upon blank forms prepared by the licensing official, and such forms shall be in triplicate. The original shall be retained by the approved applicant, the duplicate copy shall be filed with the Police Department, and the triplicate copy shall be retained by the licensing official.

§ 358-6 Hours; date of sale.

All sales shall be conducted between the hours of 8:00 a.m. to 6:00 p.m. only. The licensing official may refuse to issue a license for the date or dates of sale applied for by the applicant and prescribe other dates where the dates of sale applied for by applicant would, in the judgment of the licensing official, create traffic problems because of other sales previously approved in the vicinity where the applicant intends to conduct the sale.

§ 358-7 Exceptions.

The provisions of this chapter 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 any item or items of personal property which are specifically named or described in the advertisement and which such items do not exceed five in number.
D. 
Any sale conducted by a 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 Borough or under the protection of the nonconforming use section thereof 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 by the ordinances of the Borough.
E. 
Any bona fide charitable, eleemosynary, educational, cultural, or governmental institution or organization; provided, however, that the burden of establishing the exemption under this chapter shall be on the organization or institution claiming such exemption.

§ 358-8 Signs.

All signs or advertisements of such permitted sales shall comply with the Borough's Land Use Ordinance section entitled "Signage."[1] It shall also be illegal to attach signs of any kind to any utility poles.
[1]
Editor's Note: See Ch. 165, Land Use and Development, Art. XV, Signs.

§ 358-9 Violations and penalties. [1]

Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 337, Article I, Board of Health General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 337, General Provisions, Board of Health, Art. III).