[HISTORY: Adopted by the Board of Commissioners
of the Borough of Haddonfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-27-1962 by Ord. No. 972]
From and after the effective date of this article,
no person, firm or corporation shall conduct a going-out-of-business
or comparable sale which shall extend for a period in excess of 30
days.
[Amended 1-13-2010 by Ord. No. 2009-21]
All signs and/or advertisements for such a sale placed upon the premises in which such a sale is to be conducted shall conform in all respects to Chapter 135, entitled "Land Development," and with § 191-18B, except § 191-18B(2). Such going-out-of-business signs are only permitted during the sale and for a maximum period of 30 days and shall be immediately removed upon termination of the sale.
[Adopted 3-22-1977 by Ord. No. 1242]
It shall be unlawful for any person to conduct
a garage sale in the Borough of Haddonfield without having first obtained
a license to do so, to be known as a garage sale license, from the
Borough Clerk of the Borough of Haddonfield.
As used in this article, the following terms
shall have the meanings indicated:
Including all sales known as "garage sales," "lawn sales,"
"attic sales," "rummage sales," or "flea market sales" and any similar
casual sales of tangible personal property which is or are advertised
by any means whereby the public at large is or can be made aware of
said sale.
Any person or persons, firm, association, partnership, club
or corporation.
An application for a license to conduct a garage
sale shall be filed with the Borough Clerk on forms to be furnished
by the Borough, which forms shall include the following information:
A.
The name and address of the person conducting said
sale.
B.
The name and address of the owner of the property
on which said sale is to be conducted, together with the written consent
of such owner if the applicant is other than the owner.
C.
The location at which the sale is to be conducted.
D.
The date said sale is to take place.
E.
The date and nature of any past sale conducted by
the applicant within the Borough of Haddonfield.
[Amended 6-27-1995 by Ord. No. 1712]
Application for such license shall be made and
obtained not later than by the end of the business day prior to the
date of the sale to be conducted pursuant to this article.
[Amended 6-27-1995 by Ord. No. 1712]
A.
The fee(s) to be paid for a license to be issued hereunder shall be as follows: $5 when the license is applied for and obtained prior to the date of the sale as required by § 178-7 of this article.
[Amended 5-10-2011 by Ord. No. 2011-08]
No license may be issued to any person more
than once in any six-month period. No license shall be issued for
any location within the Borough of Haddonfield more than once in any
six-month period.
The license to be issued hereunder shall authorize
the holding of a garage sale for not more than one calendar day, except
that a license may authorize the holding of a garage sale on a second
day if rain or inclement weather prevents such sale from being held
on the first designated day.
[Amended 4-27-2004 by Ord. No. 12-2004; 4-25-2022 by Ord. No. 2022-04]
Garage sales shall not commence before 9:00
a.m. and must be terminated by sundown.
Garage sales shall offer for sale only used
items or personal property owned by the person conducting the garage
sale or by the owner of the property on which the sale is conducted.
No new merchandise shall be offered for sale.
No advertising of garage sales shall be permitted,
except that a sign not greater in size than three feet by four feet
may be placed on the property where the sale is to be conducted. Such
sign shall be posted not earlier than seven days prior to the day
the sale is to be conducted and shall be removed not later than 48
hours after the sale is conducted. No sign shall be placed on any
public right-of-way.
The license issue hereunder shall be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the sale.
The provisions of this article shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to any order of any
court of competent jurisdiction.
B.
Any sale conducted by a merchant or other business establishment from a place of business where sales are permitted by Chapter 135, Land Development, or permitted as a nonconforming use.
C.
Any bona fide religious, educational, or charitable
institution or organization or governmental agency.
D.
Any casual sale conducted within a building or structure
and consisting of not more than five separate items.
The person to whom a license is issued and the
owner and/or tenant of the premises on which the garage sale is conducted
shall be jointly and severally responsible for the maintenance of
good order on the premises during the hours in which a garage sale
is conducted. No such person shall permit any loud or boisterous conduct
on said premises nor permit vehicles to impede the passage of traffic
on any streets in the vicinity of such premises. All such persons
shall obey the reasonable orders of any member of the Police or Fire
Department of the Borough of Haddonfield in order to maintain the
public health, safety and welfare. All licensed premises shall be
subject to such reasonable rules as may be made from time to time
by the Board of Commissioners of the Borough of Haddonfield and shall
be subject to inspection by the Construction Code Official, Chief
of Police and Fire Chief or any of their agents or duly authorized
representatives of the Borough of Haddonfield.
Nothing contained herein shall be deemed to in any way alter any provisions of Chapter 135, Land Development, or to permit any act forbidden therein, and such ordinance shall remain in effect, except that it shall not be applied to any sale permitted by a license issued hereunder.
