Township of Hainesport, NJ Chapter 144 Sales

[HISTORY: Adopted by the Township Committee of the Township of Hainesport 9-28-1976 by Ord. No. 1976-8 (Ch. 108 of the 1976 Code). Amendments noted where applicable.]

§ 144-1 Definitions.

[Amended 7-10-2018 by Ord. No. 2018-6]

The following words or phrases shall have the following meanings when used in this chapter:

AUCTION SALE

The sale of property to the highest bidder therefor.

GARAGE SALES

Occasional sales by a householder of personal property accumulated in the normal use of a dwelling as a residence and no longer needed by the occupants, such as crockery, kitchenware, dishes, toys, furniture, costume jewelry, used clothing, used appliances, rugs, drapes, and the like, offered for sale in the dwelling, appurtenant garage or other outbuilding on the property or appurtenant yards.

§ 144-2 Permit required.

Sales are prohibited unless licensed under a permit issued pursuant to the provisions of this chapter and conducted in compliance with this chapter.[1]

[1] Editor’s Note: Former § 144-2.1, Group garage or yard sales, added 6-25-2002 by Ord. No. 2002-6-6, which immediately followed this section, was repealed 7-10-2018 by Ord. No. 2018-6.

§ 144-3 Auction sales.

A. Licenses may issue and auctions may be held under the following circumstances:

[Amended 4-22-1980 by Ord. No. 1980-3A]

(1) Judicial sales pursuant to the order or process of a court, but not where the property has been moved to the situs for the purpose of the sale.

(2) Sales of farm stock, supplies or equipment on the occasion of the sale of the farm or the death, retirement or removal of the owner or tenant of the farm, provided that the sale is conducted on the farm and no more than one sale in any period of 12 consecutive months is conducted.

(3) Not more than one inventory or seasonal clearance sale a year at a retail or wholesale commercial or industrial establishment for disposal of excess or seasonal inventory or of fixtures accumulated in the regular course of business at the premises where the sale is held and no part of which has been purchased or acquired or moved to the premises for the purpose of sale at auction.

B. All auction sales shall be conducted on not more than two consecutive calendar days between the hours of 7:00 a.m. and 9:00 p.m. on each day.

[Amended 12-8-2020 by Ord. No. 2020-8]

C. No auction sale shall be authorized by permit or conducted unless the farm, commercial business or industry whose assets are being auctioned has been actively engaged in the same business at the location where the assets were employed and are so employed for a continuous period of one year immediately preceding the auction.

§ 144-4 Garage sale.

[Amended 4-22-1980 by Ord. No. 1980-3A]

Licenses may issue and garage sale may be held under the following circumstances:

A. The merchandise offered at the sale shall be only merchandise acquired for normal use by the householder or other persons occupying the dwelling on the premises where the sale is held.[1]

[1] Editor's Note: Former § 144-4B, which limited the number and duration of garage sales and which immediately followed this subsection, was repealed 7-10-2018 by Ord. No. 2018-6.

§ 144-5 Regulations applicable to garage and/or auction sales.

[Amended 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3; 7-10-2018 by Ord. No. 2018-6]

Auction and/or garage sales shall comply with the following provisions:

A. All auction sales shall require a license from the Township Clerk. The application for a license to hold an auction sale shall be made, in writing, to the Township Clerk before the date the sale is to be held. The application form shall show:

(1) The name and address of the applicant.

(2) The place, date, and time when the auction is to be held.

(3) The name of the auctioneer.

(4) The name, address and phone number of the person who assumes responsibility for compliance with the provisions of this chapter, which person shall also sign the application.

(5) The nature of the auction and the merchandise to be sold.

(6) Whether or not any signs pertaining to the auction are to be posted and, if so, where. The application shall be accompanied by the written permission of the utility or person on whose property such sign is to be posted.

(7) The date the last auction was conducted on such property.

B. For the purpose of administering the provisions of this chapter, there is imposed and the applicant shall pay at the time of filing the application the sum of $50 for each auction license.

C. No auction or garage sale of any kind shall be held before 7:00 a.m. or after 9:00 p.m. on any day.

D. No merchandise offered for sale at either an auction or garage sale shall be displayed more than one day before the commencement of the sale or allowed to remain more than 24 hours after the termination of the sale.

E. No signs pertaining to the auction or garage sale, directional or otherwise, shall be posted on any utility pole, tree or property without the written consent of the utility or owner of such tree or property. No nails shall be driven into trees, and no sign shall be any larger than three feet by two feet.

F. Auction and garage sales shall be conducted wholly within the confines of the property and in such a manner so as to cause no obstruction or encroachment on neighboring property or public sidewalks, streets or other public ways.

G. The person responsible for the conduct of any auction or garage sale shall be responsible to see that no disorder occurs, that there is no littering of adjoining property or public ways and that there is no trespassing on adjoining property.

H. No device for amplifying sound, music or other sound device shall be allowed, and any necessary sound shall be kept sufficiently low as not to be audible within 50 feet of the property where any auction or garage sale is held.

[Amended 12-8-2020 by Ord. No. 2020-8]

§ 144-6 Violations and penalties.

[Amended 4-12-1994 by Ord. No. 1994-4-3; 5-23-2006 by Ord. No. 2006-5-4]

Any person, firm or corporation violating any provision of this chapter shall be subject to one or more of the following for each such offense, in the discretion of the court: a fine not exceeding $2,000, imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days. The Township waives the additional fine for a violation of an ordinance within one year of a previous violation of the same ordinance, provided in N.J.S.A. 40:49-5.

§ 144-7 Enforcement officer.

[Added 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3; 7-10-2018 by Ord. No. 2018-6]

The Township Clerk and the Code Enforcement Officer are hereby designated and appointed to exercise the powers prescribed by this chapter and see to its enforcement.