[HISTORY: Adopted by the Township Committee of the Township of Elk during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales commonly referred to as a garage sale, lawn sale, attic sale, rummage sale or 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 the sale.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder and which is owned by the licensee or consigned to him.
- The owner or lessee of the premises.
- Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the Township of Elk without first filing with the Township Clerk the information hereinafter specified and obtaining from such Clerk a license to conduct such sale, to be known as a "yard, lawn or garage sale license."
A license to conduct a garage sale shall be issued to any one person no more than two times within a twelve-month period, and no such license shall be issued for more than one day.
Each license issued under this chapter must be prominently displayed on the premises and visible from the street upon which the yard, lawn or 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:
Name of the person, firm, group, corporation, association or organization conducting said sale.
Name of the owner or lessee of the property on which said sale is to be conducted.
Location at which the sale is to be conducted.
Date of sale.
Date and nature of any past sale.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
In the event of inclement weather, all persons issued a license for a particular date or dates pursuant to this chapter shall be permitted to utilize their license on an alternate date. Such alternate dates must be supplied to the Township Clerk at least 10 days prior thereto.
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 persons 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 member of the Police Department of the Township of Elk in order to maintain the public health, safety and welfare. All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Township Committee and shall be subject to inspection at all times by the Building Inspector and Chief of Police or any of their agents or any other duly authorized representative of the Township of Elk.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
No signs for advertising or directing customers are to be posted on any place other than the premises of the applicant. The sign is not to exceed two feet by two feet in size, cannot be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this chapter without first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of said mattresses, bedsprings, cots, lounges and sofas.
The provisions of this chapter shall not apply to or affect the following persons or sales:
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 Elk 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 this chapter.
Persons acting in accordance with their powers and duties as public officials.
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.
Any bona fide charitable, educational, 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.
This chapter shall be enforced by the Building Inspector. It shall be the duty of the Building Inspector to investigate any violations of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge; and if a violation is found to exist, he shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter. It shall be the duty of the Police Department of the Township of Elk to bring to the attention of the Building Inspector for further investigation any violations of this chapter of which the Police Department becomes aware during the course of its normal duties.
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined not more than $500 or imprisoned for a term not to exceed 90 days, or both. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.