[HISTORY: Adopted by the Township Committee
of the Township of Hanover 2-26-1981 by Ord. No. 7-81. Amendments noted where
applicable.]
As used in this chapter. the following terms
shall have the meanings indicated:
A place from which flea market sales are conducted.
The sale of goods not owned by the resident of the property
from which the sale is conducted.
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.
Includes individuals, partnerships, voluntary associations
and corporations.
A.
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."
B.
The fee for such license shall be as provided in Chapter 125, Fees, of the Code of the Township of Hanover.
[Amended 7-11-1991 by Ord. No. 16-91]
C.
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.
D.
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.
[Amended 7-11-1991 by Ord. No. 16-91]
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:
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 if the applicant is other than
owner.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sale.
F.
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.
G.
General detailed description of goods proposed to
be sold.
H.
Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
I.
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:
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 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.
E.
Any sale regulated under any other ordinance of the
Township of Hanover.
F.
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[1] 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.
G.
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.
[Amended 7-11-1991 by Ord. No. 16-91]
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.
