[HISTORY: Adopted by the Township Committee of the Township of Hanover 2-26-1981 by Ord. No. 7-81. Sections 150-2B, 150-3 and 150-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter. the following terms shall have the meanings indicated:
- FLEA MARKET
- A place from which flea market sales are conducted.
- FLEA MARKET SALES
- The sale of goods not owned by the resident of the property from which the sale is conducted.
- GARAGE SALE
- Those sales which are conducted at a private residence, commonly referred to as a "garage sale," "lawn sale," "attic sale" or "rummage sale," or any similar casual sale of tangible personal property, but limited to items of personal property owned by the residents of the private residence from which the sale is to be conducted, 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.
- lncludes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the Township of Hanover without first filing with the Township Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "garage sales license."
Only two such licenses shall be issued to any one person or dwelling place within a twelve-month period, and no such license shall be issued for more than four consecutive calendar days.
Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
It shall be unlawful for any person to conduct a flea market or flea market sales within the Township of Hanover, except that any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization may conduct a flea market or flea market sales, provided that it complies with the provisions of §§ 150-2, 150-4 and 150-5 of this chapter, dealing with garage sales, with the exception that the license fee is waived.
The information to be filed with the Township Clerk, pursuant to this chapter, shall be as follows:
Name of person, firm, group, corporation, association or organization conducting said sale.
Name of owner of the property on which said sale is to be conducted, and consent of owner if the applicant is other than owner.
Location at which sale is to be conducted.
Number of days of sale.
Date and nature of any past sale.
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting any previous sale and the date or dates of such sale.
General detailed description of goods proposed to be sold.
Whether or not applicant has been issued any other vendor's license by any local, state or federal agency.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
All garage sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. only.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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 publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of the false, deceptive or misleading character of the publication or broadcast or without knowledge that the provisions of this chapter have not been complied with.
Any sale regulated under any other ordinance of the Township of Hanover.
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 of Hanover 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 under the ordinances of the Township of Hanover.
Any bona fide charitable, eleemosynary, educational. cultural or governmental institution or organization: provided. however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
This chapter shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violations of this chapter coming to its attention, whether by complaint or arising from its own personal knowledge, and, if a violation is found to exist, it shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction before the Judge of the Municipal Court of the Township of Hanover, be punished by a fine in any sum not exceeding $1,000 for each and every violation or by imprisonment in the county jail of Morris County for a period not exceeding 90 days, or by both such fine and imprisonment. Each day of sale in violation of any or all of the provisions of this chapter shall be a separate offense.