[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 12-29-1980 by Ord. No. 243-80 as Ch. IV, Sec. 4-1,
of the 1980 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 155.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sales," "lawn sales,"
"attic sales," "rummage sales," "auctions," "flea market sales" or
any similar casual sale of tangible, personal property which is advertised
by any means whereby the public is or can be made aware of said sale.
Includes any secondhand goods or other property capable of
being the object of a sale regulated hereunder.
[Amended 7-3-2013 by Ord.
No. 518-2013]
It shall be unlawful for any person to conduct a garage sale
in the Township without first filing with the Township Clerk the information
hereafter specified, and obtain from such Clerk a license, being known
as a "garage sale license."
[Added 6-19-1996 by Ord. No. 344-96; amended 7-3-2013 by Ord. No. 518-2013]
A fee of $10 shall be charged for each garage sale license,
payable to the Township Clerk.
[Amended 7-3-2013 by Ord.
No. 518-2013]
Such license shall be limited to three licenses per dwelling
unit within a twelve-month period. No such license shall be issued
for more than two consecutive days. For purposes of this section,
a license issued to one other than the owner of a property shall be
deemed to be issued to that owner as fulfilling his license entitlement
for the twelve-month period. Each license issued under this section
shall be prominently displayed on the premises upon which the garage
sale is conducted throughout the entire period of licensed sale. No
“rain dates” or other alternative dates shall be permitted
for any licensed sale.
The information to be filed with the Township Clerk, pursuant
to this section, shall be as follows:
A.
Name of person, firm, group, corporation, association or organization
conducting the sale.
B.
Name of owner of the property on which said sale is to be conducted,
and consent of owner if applicant is other than owner.
C.
Location on which sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sales.
F.
Relationship or connection applicant has with any other person, firm,
group, organization, association or corporation conducting said sale
and date or dates of such sale.
G.
Whether or not applicant has been issued any other vendor's
license by any local, state or federal agency.
H.
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 9:00
a.m. and 9:00 p.m.
All persons are prohibited from making, causing to be made,
or erecting signs other than those signs meeting the requirements
as set forth in the section as follows:
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 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 of the Township 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 in Chapter 155, Land Use.
D.
Any bona fide nonprofit, civic, charitable, cultural or governmental
institution or organization.
This chapter shall be enforced by such public official or board
as is designated by resolution of Township Committee.
Any person conducting any such sale or similar activity without being properly licensed or who shall violate any of the other terms and regulations of this chapter (for each day that such sale continues without being duly licensed, it shall be considered a separate violation) shall be subject to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty.
