As used in this chapter, the following terms
shall have the meanings indicated:
GARAGE SALES
All sales entitled "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.
GOODS
Any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
[Amended 3-17-1982 by Ord. No. 1982-7]
It shall be unlawful for any person to conduct
a garage sale in the Township, without first filing with the Township
Clerk the information hereinafter specified and obtaining from the
Clerk a license in the form of a garage sale license sign.
[Amended 3-17-1982 by Ord. No. 1982-7; 6-6-1990 by Ord. No. 1990-19]
A. No more than two licenses shall be issued to any one
person or for property on which the sale is to be conducted, within
a twelve-month period, and no license shall be issued for more than
nine consecutive calendar days.
B. The fee for a license is set forth in Chapter
135, Fees and Costs. Each license issued under this section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
[Amended 5-2-2007 by Ord. No. 2007-013; 12-5-2007 by Ord. No. 2007-030]
[Amended 3-17-1982 by Ord. No. 1982-7]
The application shall contain the following
information:
A. Name of owner of property on which the sale is to
be conducted, and consent of the owner if the applicant is other than
the owner.
C. Sworn statement or affirmation by the person signing
that the information therein given is full and true known to him to
be so.
All sales shall be conducted between the hours
of 9:00 a.m. and 6:00 p.m. only, prevailing time.
[Amended 3-17-1982 by Ord. No. 1982-7]
A. All persons are prohibited from making, causing to
be made or erecting signs other than those signs provided by the Township.
One sign shall be provided by the Township and shall constitute the
garage sale license. Additional signs may be purchased from the Township.
B. The signs shall be uniform in size and form and shall
have a space allotted for the name and address of the person running
the sale.
C. All signs are to be removed within 48 hours after
the completion of the sale.
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 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. Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been complied with.
E. 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,
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 in the Code of the Township of West Milford.
F. Any bona fide charitable, eleemosynary, educational,
cultural, or governmental institution or organization. The burden
of establishing the exemption under this subsection shall be on the
organization or institution claiming such exemption.
Any person conducting any sale or similar activity
without being properly licensed therefor or who shall violate any
of the other items and regulations of this chapter shall, upon conviction,
be fined a sum not exceeding $200 or be imprisoned for a period not
to exceed 10 days for each violation. Each day that the sale shall
continue without being duly licensed shall be considered a separate
violation.
[Added 11-12-2014 by Ord. No. 2014-010; amended 2-15-2017 by Ord. No. 2017-005]
Each year on the third Friday, Saturday and Sunday of September
there shall be a Town-wide garage sale. For the three days of the
Town-wide garage sale the permit, fee and sign requirements contained
in this chapter shall be waived. During such sales all nonproperty
owners must obtain approval from the property owner to participate
in the Town-wide garage sale. All other provisions of the chapter
shall prevail during the Town-wide garage sale.