[HISTORY: Adopted by the Township Council of the Township
of Mine Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-15-1999 by Ord. No. 643-99]
As used in this article, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage 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.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations,
and corporations.
It shall be unlawful for any person to conduct a garage sale in the Township without first filing with the Clerk the information hereinafter specified and obtaining from such Clerk a license to do so, to be known as a "garage sale license." The fee for such license shall be as set forth in Chapter 235, Fees.
[Amended 4-16-2009 by Ord. No. 5-09]
A.
Such license shall be issued to any one person or for any property,
as defined by block and lot from the Township Tax Map, only three
times within a twelve-month period, and no such license shall be issued
for more than four consecutive calendar days.
B.
Each license issued under this article must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
The information to be filed with the Clerk, pursuant to this
article, shall be as follows:
A.
Name of person, firm, group, corporation, association, or organization
conducting said sale.
B.
Name of owner of the property on which said sale is to be conducted,
and consent of owner or applicant if other than the owner.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date, nature of any past sale by this person or on the same property,
as defined by block and lot from the Township Tax Map within the past
two years.
[Amended 4-16-2009 by Ord. No. 5-09]
F.
Relationship or connection applicant may have had with any other
person, firm, group, organization, or corporation conducting said
sale and the date or dates of such sale.
G.
Whether or not the applicant has been issued any other vendor's license
by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
The provisions of this article 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 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 person violating the provisions of this article shall, upon conviction, be liable to the penalty established in § 1-3 of the Code of the Township of Mine Hill.
[Adopted 3-19-2009 by Ord. No. 2-09]
Any auction, sale or flea market activity or use conducted entirely within an enclosed structure shall be considered a retail sales use and shall comply with all regulations applicable as set forth in this article and any other ordinance of the Township of Mine Hill. Any flea market, auction or sale carried out in part or in total outside of an enclosed permanent structure shall comply with the provisions of this section and are collectively referred to herein as "open-air sales." Open-air sales specifically excludes garage sales which are regulated under Article I, Garage Sales, of this chapter. The area in which the open-air sales occur is referred to herein as the "sales area." For purposes of this section, an "enclosed, permanent structure" shall not include a tent, trailer, motor vehicle, pole barn or shed, lean-to or other similar structures.
A.
Open-air sales shall be permitted when carried out in accordance
with the following conditions:
(1)
All open-air sales shall be surrounded by a fence of a nature and
design sufficient to prevent direct pedestrian access to sales areas
except through specified gates or openings. No sales area shall be
directly accessible to pedestrians or vehicles from adjoining streets.
(2)
No use other than retail sales shall be permitted in conjunction
with open-air sales. Residential occupancy of any tent, trailer, van,
or other structure or vehicle shall be prohibited except during normal
business hours.
(3)
No open-air sales shall be operated in any residential zoned district
or located closer than 100 feet from any residential use or residential
zoned district.
(4)
Vendors shall not be permitted to access the sales area for operation
of the open-air sale prior to 7:00 a.m., Monday through Saturday,
and 8:00 a.m. on Sunday.
(5)
No open-air sale shall operate or permit sales before 9:00 a.m. or
after 5:00 p.m.
(6)
Vendors shall vacate the sale area and related parking area before
6:00 p.m.
(7)
The operator of the open-air sale shall clean up the sale area and
related parking areas of trash and any other materials left by customers
of the open-air sale before 7:00 p.m.
(8)
All open-air sales shall provide adequate parking facilities for
vendors and the public in convenient location to sales areas. Designated
loading spaces or areas shall be provided and maintained.
(9)
All open-air sales shall provide for trash collection and disposal
and shall have available lavatory facilities for use by the public.
(10)
One structure or mobile home may be used as an office and/or
night watchman's facility on the sales area.
(11)
No outdoor sound system, such as for barkers or broadcast of
music, shall be permitted in the sales area or in the operation of
the open-air sales, unless specifically permitted in any site plan
approval that may be obtained.
(12)
All open-air sales shall be subject to site plan review.
(13)
Sales of live animals for any purpose, such as pets, food, livestock
or any other purpose, are prohibited.
(14)
The operator of the open-air sale shall provide security in
accordance with the direction of the Planning Board and the Chief
of the Township's Police Department.
(15)
No generators shall be permitted to support the open-air sales.
B.
Open-air sales may be held in accordance with the following conditions:
(1)
Temporary auctions or sales of household belongings or business possessions
and inventory in connection with the liquidation of an estate settlement
or a court-ordered cessation of a given use are permitted in all zoning
districts, provided that such auctions or sales shall not continue
for more than seven consecutive days or for more than three weekends
within any six-month period. Such activities shall not be subject
to site plan review, provided that no structures are altered, erected,
constructed or installed in connection therewith. Such activities
may be subject to other regulations or licensing requirements of the
Township.
(2)
Any auction or sale carried out as a continuous business operation
or in connection with the sale of goods or services as a promotional
campaign of any existing business or industry shall be considered
to be a retail use and subject to site plan review. Temporary sales
or auctions held or sponsored by bona fide nonprofit organizations
such as churches, schools, volunteer fire or safety organizations,
social or civic clubs or organizations and political parties shall
not be subject to site plan review.
(3)
The provisions of Subsection B(2) hereinabove shall also apply to the temporary sale of flowers, produce and other merchandise or products from vehicles, trailers, tents and structures, either temporary or permanent. Such retail sales shall be subject to site plan review, and, if carried out on property not owned by the applicant, approval of such activity and authorization for site plan review application shall be received from the owner of the subject property. Such activities shall comply with the following provisions:
(a)
No such activity shall be located closer than 10 feet to a street
right-of-way line or within 25 feet of the intersection of two or
more streets.
(b)
Such activity shall only be permitted whenever or however possible
so as to prevent traffic hazards and in a manner deemed reasonable
to assure safety to customers in connection with traffic considerations.
(c)
No signs or lighting shall be erected or maintained in a fashion
or manner which might be dangerous to the safety of traffic on adjoining
roadways.
A.
Any person who violates or neglects to comply with any provision of this article or the code established herein or notice issued pursuant thereto shall, upon conviction thereof, be subject to the penalty in § 1-3, General penalty, of the Code of the Township of Mine Hill. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.[1]
B.
In addition to the penalties provided above, if a person violates
this article, or if the Municipal Attorney has reason to believe that
a person is about to violate this article, the Municipal Attorney
may seek injunctive relief to prohibit and prevent the violation.
