[HISTORY: Adopted by the Township Council
of the Township of Stafford 3-5-1985 by Ord. No. 85-31. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 211.
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market 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 § 170-8.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "yard sale," "flea market sale" or any similar
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.
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.
[Amended 7-7-1987 by Ord. No. 87-56]
It shall be unlawful for any person to conduct
a garage sale in the Township of Stafford 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 sale
license." The fee for such license shall be and the same is hereby
fixed at $5.
A.
Such license shall be issued to any one person only
two times within a twelve-month period, and no such license shall
be issued for more than two consecutive calendar days, and rain dates
must be specified. Charitable, religious and civic organizations may
be allowed more than two licenses with the approval of the Township
Council.
[Amended 9-7-1999 by Ord. No. 99-59]
B.
No more than four garage sales may be held at any
one location in the Township of Stafford during the course of any
twelve-month period.
C.
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 pursuant to this chapter shall be as follows:
A.
The name of the person, firm, group, corporation,
association or organization conducting such sale.
B.
The name of the owner of the property on which said
sale is to be conducted and the consent of owner if the applicant
is other than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale and rain dates.
[Amended 9-7-1999 by Ord. No. 99-59]
E.
The date and nature of any past sale.
F.
The relationship or connection the applicant may have
had with any other person, firm, group, organization, association
or corporation conducting said sale and the date or dates of such
sale.
G.
Whether or not the applicant has 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, true and known to him
to be so.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
Any signs posted advertising the garage sale
shall be removed within 48 hours after the completion of the sale.
A.
The provisions of this chapter shall not apply to
or affect the following persons or sales:
(1)
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and
duties as public officials.
(3)
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.
(4)
Any sale conducted by any merchant or other business
establishment in a place of business wherein such sale would be permitted
by the land use ordinances of the Township of Stafford 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 a properly-zoned premises and would not otherwise be prohibited
in the Township ordinances.
B.
Any bona fide charitable, eleemosynary, educational, cultural or other organization or association not-for-profit may be exempted from the two-day limitation fixed by § 170-4 hereof upon demonstrating to the Township Council its right to such exemption. 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.
A.
This chapter shall be enforced by the Police Department,
Code Enforcement Officer or any other employee designated by the Township
Council by resolution to enforce this chapter.
[Amended 7-7-1992 by Ord. No. 92-41]
B.
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 maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such person shall permit any loud or boisterous
conduct on said premises or permit vehicles to impede the passage
of traffic on any roads or streets or interfere with the orderly passage
of pedestrian traffic on sidewalks in the area of such premises. All
goods offered for sale shall be removed from public view within 48
hours after the completion of the garage sale. All such persons shall
obey the reasonable orders of any members of the Police Department
of the Township of Stafford in order to maintain the public health,
safety and welfare.
[Amended 2-21-1989 by Ord. No. 89-22]
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. 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.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.