[HISTORY: Adopted by the Township Council of the Township of Lopatcong 12-27-2006
by Ord. No. 2006-29. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 161.
For the purpose of this chapter, the following definitions shall apply:
Individuals, associations of individuals, partnerships or corporations
who or which conduct sales or remuneration. "Person" shall include spouse,
children, and residents of a household or other residents of a residential
premises.
A sale of personal property to the general public conducted on any
portion of a residential property within a residential zoning district to
include, but not limited to, garage sales, patio sales, barn sales, estate
sales, carport sales, basement sales, porch sales, driveway sales, rummage
sales and sales of the same nature as the foregoing by whatever name.
No person shall cause or permit a yard sale to take place upon any property
owned by such person without first having obtained a permit therefor.
A.
An application for such permit shall be made to the Township
Clerk by the person at whose residence such sale shall be held, and such application
shall state the name of the applicant, the location of the proposed sale,
the day or days on which the sale is to be held and the names and resident
addresses of all other persons who are to contribute personal property to
the sale.
B.
Such permit shall be issued by the Township Clerk upon
filing an application together with payment of a fee of $10. Residents age
55 and older shall only be required to submit a payment of $5 with their application.
C.
Nonprofit organizations shall be required to apply for a permit and submit the permit fee of $10. However, nonprofit organizations shall only be required to list the approximate number of families who will be participating in the sale. These organizations are exempt from the requirement set forth in § 239-4C.
Not more than four permits shall be issued under this chapter to the
same person in any one calendar year, and not more than four sales shall be
held from any one location in any one calendar year.
Every permit shall be issued under the following conditions, and failure to comply with any condition shall constitute a violation of this chapter and, in addition to the penalties enumerated in § 239-6, shall entitle the Township Clerk to declare the permit revoked, without refund of any part of the permit fee to the holder:
A.
The sale shall be held at the location stated in the
application and on the permit.
B.
The permit shall be valid for three consecutive days
as stated on the permit, except that the permit may specify alternative "rain
dates" in case of inclement weather on the dates first specified on the permit.
C.
No more than three families or households may participate
in the sale by furnishing personal property for the sale and/or by engaging
in the sale of personal property. Nonprofit organizations may have more than
three families participate in a yard sale run by the organization.
D.
No sale shall commence before 8:00 a.m. or after 7:00
p.m. on any day.
E.
The permit holder must exhibit the permit at the time
of sale in full view of the public at all times.
A.
No notice, advertisement or directional sign pertaining
to such sale shall be placed or posted:
B.
Upon conclusion of the time stated in the permit for
the holding of such sale, the holder of the permit shall remove and take away
all such notices, advertisements and directional signs not previously removed
and taken away.
A.
Any person who shall violate this chapter or any of its
provisions shall, upon conviction thereof, be subject to any one or more of
the following: a fine not exceeding $1,000 or imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90 days.
B.
Each and every day such violation continues shall be
considered a separate offense.
