City of Linwood, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Linwood 11-14-2001 by Ord. No. 24-2001 Amendments noted where applicable.]
GENERAL REFERENCES
Licensed occupations — See Ch. 172.
Mercantile licenses — See Ch. 179.

§ 159-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PRIVATE SALES
A sale of items limited to unwanted, used, common household goods by a private property owner, tenant or agent for a private property. Private sales shall include but not be limited to garage sales, yard sales, tag sales, and/or private auctions.
[Amended 2-12-2002 by Ord. No. 3-2002]

§ 159-2 Private sales; permit required.

A. 
No private sale or private auction shall be conducted within the municipality unless a permit has first been issued by the Zoning Officer (or his/her designee) permitting such sale or auction.
B. 
No private sale or private auction shall be conducted within the municipality except between the hours of 9:00 a.m. and 6:00 p.m. on the days for which the permit is issued.
(1) 
No permit shall be issued for more than two consecutive days, and no person other than an auctioneer shall be issued more than two permits within a one-year period.
(2) 
No more than two permits shall be issued to any one location within a one-year period.

§ 159-3 Fees.

A. 
The fee for a private sale (exclusive of auctions) conducted on private premises shall be $5 per permit.
B. 
The fee for a private auction conducted on private premises shall be $5 per day, plus $75 per day per auctioneer.
C. 
Nothing herein contained shall apply to a sale held under a judicial order, judgment or decree or a writ issued out of any court or sale to enforce any lawful lien or power of sale.
D. 
A daily fee and license shall be required for flea markets on commercial or residential property within the City. The fee for such flea market shall be $25 per day.

§ 159-4 Signage.

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 and cannot be placed on the premises earlier than one day prior to the sale and must be removed within 24 hours after the sale has terminated.

§ 159-5 Violations and penalties.

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $500 and/or a period of community service not exceeding 30 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.