[HISTORY: Adopted by the Township Council
of the Township of Jefferson 3-25-2009 by Ord. No. 13-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 380, Sales, Special, adopted 3-21-1979 by Ord. No. 6-79
(Ch. 94 of the 1967 Code), as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale" or 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.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations, including any charitable, eleemosynary, educational,
cultural or governmental institution or organization.
A.
No garage sale shall be held on other than a residentially
zoned property as specified in the Jefferson Township Zoning Ordinance,
except that sales on other than residentially zoned properties are
permitted if the sales are being conducted by a bona fide charitable,
eleemosynary, educational, cultural or governmental institution or
organization.
B.
No more than two garage sales shall be held for any
one piece of property within a twelve-month period, except there shall
be permitted on a nonresidentially zoned piece of property no more
than five sales within any twelve-month period, provided that the
sales are conducted by a bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization.
C.
No garage sale shall be held for more than two consecutive
calendar days; provided, however, that where the sale is to be conducted
on a Saturday and Sunday and the sale shall be postponed because of
inclement weather, the applicant will be permitted to hold the sale
on the same day of the following weekend. Where the sale is being
held during the week and the date is postponed because of inclement
weather, the applicant will be permitted to continue the sale on the
next clear date.
All garage sales shall be conducted between
the hours of 9:00 a.m. and dusk only.
A.
Signs shall be uniform in size and form, not exceeding
24 inches by 24 inches.
B.
No sign shall be displayed upon the premises of the
sale, nor any directional sign posted more than five days prior to
the proposed sale.
C.
Any sign posted in conjunction with a sale shall be
removed from view within 24 hours of the conclusion of the sale.
D.
Nothing under this provision shall serve as authorization
for any persons, firm or corporation to post a sign on any off-premises
property, pole, fence or structure without the express consent in
writing of the owner of said premises, property, pole, fence or structure.
The provisions of this chapter shall not apply
to nor affect the following persons or sales:
A.
Persons selling goods according to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their duties and
powers as public officials.
C.
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.
D.
The exception
under this section shall be limited to no more than two occasions
in any given calendar year, and each occasion shall be no longer than
a period of two weeks in duration.
[Added 5-27-2009 by Ord. No. 24-09]
A.
This chapter shall be enforceable by the Construction
Official or any member of the Jefferson Township Police Department.
B.
The owner or tenant of the premises on which said
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 nor permit the display
or placing of goods so as to cause an impediment in the safe and reasonable
passage of pedestrians or traffic on any public or quasi-public walkway,
sidewalk, road or street in the area of such premises.
C.
All persons shall obey any reasonable request or demand
made by any member of the Police Department or the Code Enforcement
Officer in order to maintain the public health, safety and welfare
of the community.
Any person, association or corporation conducting
any such sale or similar activity who shall violate any of the other
terms and regulations of this chapter may, upon conviction of any
violation hereof, be fined not more than $100 for each violation.
Each day that such sale or violation shall continue without being
duly licensed shall be considered a separate violation.
