[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 269.
[Amended 7-24-2008 by Ord. No. 2008-08]
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, or other casual sales. This chapter requires the obtaining of a permit to conduct such sales, and limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted from the requirements of this chapter in § 191-8.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is, or may 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.
It shall be unlawful for any person to conduct a garage sale in the Township of Little Egg Harbor without first filing with the Township Clerk the information hereinafter specified and obtaining from the Clerk a license to do so, which shall be known as a "garage sale license." The fee for such license shall be and the same is hereby fixed at $5.
Such license shall be issued to any one person only three times during a twelve-month period for any one resident and/or family household. The twelve-month period shall run from January 1 to December 31 of any calendar year. Charitable, religious and civic organizations may be allowed more than three licenses with the prior written approval of the Township Administrator.
[Amended 7-24-2008 by Ord. No. 2008-08]
Notwithstanding any other provision of this chapter, garage sales shall be limited in time to no more than three consecutive days or two consecutive weekends (Saturday and Sunday, or Friday and Saturday).
[Amended 7-24-2008 by Ord. No. 2008-08]
Each license issued under this chapter shall state the name of the applicant and the location of the garage sale and must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Township Clerk, along with the prescribed fee of $5, shall be as follows:
Name of the person, firm, group, corporation, association, or organization conducting such sale.
Name of the owner of the property on which said sale is to be conducted and the written consent of owner if applicant is other than owner.
Location at which the sale is to be conducted.
Number of days of the sale.
Date and nature of any past sale.
If there was a past sale, the relationship or connection the applicant had with any other person, firm, group, organization, association, or corporation conducting said past sale, and the date or dates of the past sale.
Whether or not the applicant has been issued any other vendor's license by any local, state, or federal agency.
A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him or her to be so.
The information contained in Subsection A above shall be forwarded to the Chief of Police, who shall review the information to determine whether the location of the proposed garage sale would create an undue traffic hazard. The Chief of Police shall consider factors such as, but not limited to, whether the street upon which the house fronts has more than two lanes, parking availability and the speed limit of the street. If the Chief of Police determines that the proposed garage sale shall create such traffic hazard, he or she shall advise the Township Clerk to either deny the license or issue the license contingent upon the satisfaction of any special conditions which the Chief of Police determines is necessary to preserve the safety, health and welfare of the public.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
Signs advertising a garage sale as herein defined shall be of a size not larger than 12 inches by 12 inches and must contain, in addition to the definition of the type of sale being advertised, the name and address of the person conducting the sale, the number of the permit issued by the Township of Little Egg Harbor and the dates for which such permits were issued.
All signs shall be removed within 48 hours after the completion of the sale. A newspaper advertisement of a sale shall contain the address of the person conducting the sale.
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 sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by Chapter 212, Land Development, of the Code of the Township of Little Egg Harbor or under the protection of the nonconforming use section thereof, or any sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from properly zoned premises and would not otherwise be prohibited by any Township ordinance.
Any bona fide charitable, philanthropic, educational, cultural, or other not-for-profit organization or association may be exempted from the two-day limitation fixed by § 191-4A herein upon demonstrating to the Township Committee its right to such exemption, and when the proceeds of the sale are used directly for the institution's or organization's charitable purposes and the goods or articles are not sold on a consignment basis. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
This chapter shall be enforced by the Police Department of the Township of Little Egg Harbor.
The person to whom such license is issued, and the owner or tenant of the premises on which such sale or activity is conducted, shall be jointly and severally responsible for the activities conducted on the premises during all hours of the garage sale. Persons responsible for disturbance of the peace, disorderly conduct, or impeding the flow of pedestrian or vehicular traffic, shall be subject to all appropriate and applicable penalties available under state and local law. All goods offered for sale shall be removed from public view within 48 hours after the completion of the garage sale. All persons shall obey the reasonable orders of any member of the Police Department of the Township of Little Egg Harbor in order to maintain the public health, safety and welfare.
Any person, firm, association, or corporation convicted of violating any provision of this chapter or any amendment or supplement thereto shall be subject to a fine not exceeding $1,250, imprisonment in the Ocean County Jail for a term not exceeding 90 days and/or a period of community service not exceeding 90 days, at the discretion of the Municipal Judge having jurisdiction in the matter. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter will be subject to abatement summarily by restraining order or injunction issued by a court of competent jurisdiction.