[HISTORY: Adopted by the Town Council of the Town of Phillipsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Business licenses — See Ch. 207.
Demonstrations and special events — See Ch. 248.
Solicitors and canvassers — See Ch. 524.
[Adopted 8-28-1979 by Ord. No. O:79-24 (Ch. 50A, Art. I of the 1969 Code)]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
YARD SALE
Any sale of used merchandise not conducted as part of a continuing business venture, or any casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale. The term "yard sale" shall include all types of sales, such as but not limited to "yard sales," "lawn sales," "attic sales," "rummage sales," "garage sales" or "flea market sales."
[Amended 1-7-1986 by Ord. No. O:85-28; 5-4-2004 by Ord. No. O:2004-12; 12-17-2025 by Ord. No. O:2025-23]
A. 
No person shall conduct a yard sale within the Town of Phillipsburg without first filing with the Town Clerk the information required by § 470-3 hereof and obtaining a yard sale permit from said Clerk.
B. 
Issuance of permit.
(1) 
A yard sale permit shall be issued to any applicant who complies with the terms and conditions of this article, except that such shall not be issued to the same applicant or for the same property more than twice within any calendar year.
(2) 
A yard sale permit shall not be issued for more than three consecutive calendar days.
(3) 
The Town shall waive the permit fee for all Town residents participating in the annual Town-wide sale, which date shall be set by the Council via resolution at the annual reorganization meeting of the Council.
C. 
A yard sale permit must be prominently displayed on the premises upon which the yard sale is conducted throughout the entire period of the sale.
D. 
Upon filing of the application set forth in § 470-3 hereof, and the same required by the Clerk and found complete and accompanied by a permit fee of $10 per day, the Clerk shall be authorized to issue said permit.
The following information must be filed with the Town Clerk, on a form provided therefor, before a yard sale permit may be issued:
A. 
The name of the person conducting the sale.
B. 
Written consent of the owner, if the applicant is a tenant in possession of the property on which the sale is to be conducted.
C. 
The location at which the sale is to be conducted.
D. 
The number of days of the sale.
E. 
The date and nature of any past sale.
F. 
Whether the applicant is conducting the sale together with, for or on behalf of any other person, firm, group, organization, association or corporation and, if so, the name of said person, firm, group, organization, association or corporation and the date or dates of any past sale held by same.
G. 
Whether or not the applicant has, within the last 12 months, been issued any other vendor's license by any local, state or federal agency.
H. 
A sworn statement or affirmation by the person signing that the information therein given is full and true and known by him to be so.
All signs advertising a yard sale shall have a space allotted thereon, upon which shall be placed the name and address of the person to whom the permit has been issued. No signs for advertising are to be posted on any place other than the premises of the applicant. The sign is not to exceed four square feet in size and shall not be placed on the premises earlier than one week prior to the sale and shall be removed within 24 hours after the sale has terminated.
The provisions of this article 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 persons 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.
Upon application by any bona fide charitable, nonprofit civic, educational, cultural or governmental institution or organization, the Town Council may waive any or all of the requirements of this article; provided, however, that the burden of establishing eligibility for waiver shall be on the organization or institution applying for such waiver.
[Amended 6-5-1984 by Ord. No. 0:84-18]
Any person conducting a yard sale without first obtaining a permit therefor or who shall violate any of the other provisions and regulations of this article shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that such sale shall continue without a proper permit shall be considered a separate violation.