[HISTORY: Adopted by the Township Council of the Township of Lower by Ord. No. 76-24 (Sec. 4-6 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Ice cream vendors — See Ch. 386.
Junkyards and junk dealers — See Ch. 392.
Payment of taxes required prior to issuance of licenses and permits — See Ch. 413, Art. I.
Mercantile licenses — See Ch. 432.
Secondhand merchants and dealers of precious metals — See Ch. 529.
Solicitation — See Ch. 564.
Transient merchants — See Ch. 625.
[Amended by Ord. No. 92-6; Ord. No. 92-16]
As used in this chapter, the following terms shall have the meanings indicated:
FARMERS' MARKET
An outdoor market operated and managed by the Township of Lower at the parking lot of the Lower Township Municipal Complex, at which vendors may utilize space for the sale, barter, exchange or display of goods, wares or services.
[Added 2-17-2010 by Ord. No. 2010-03]
FLEA MARKET
Includes the leasing of tables outdoors at a fixed location for the sale, barter, exchange or display of merchandise.
GARAGE SALE
Includes all sales entitled garage sale, lawn sale, attic sale, rummage sale or 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 the sale.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
OCCUPANT/PERSON
Owner or lessee of the premises and includes individuals, families, partnership, voluntary associations and corporations.
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes whether inhabited or temporarily or continuously uninhabited or vacant and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling, house or other structure.
PRIVATE SALES
The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, food, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises and/or conducted by a person employed for the purposes, whether compensated or not.
[Amended by Ord. No. 92-6]
No private sale/garage sale shall be conducted within the Township of Lower except in conformance with the provisions of this chapter.
[Amended by Ord. No. 83-10; Ord. No. 92-6]
A. 
It shall be unlawful of any person to conduct any private sale/garage sale in the Township of Lower without first filing with the Township Clerk the information hereinafter specified and obtaining from such Clerk a license to be known as "private sales/garage sale license."
B. 
Such filing shall be and the same is hereby fixed at $5 for two consecutive days.
[Amended by Ord. No. 85-15; Ord. No. 92-6]
A. 
Such licenses shall be issued to any one person no more than three times within one calendar year for any one location. No license shall be issued for more than two consecutive calendar days. Charitable and religious and civic organizations may be allowed more than three licenses with the approval of the Township Council.
B. 
Each license must be prominently displayed on the premises and visible from the street 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. 
Name of persons, firm, group, corporation, association or organization conducting the sale.
B. 
Name of the owner of the property on which the sale is to be conducted and consent of the owner if the applicant is other than the owner.
C. 
Location at which sale is to be conducted.
D. 
Number of days of sale.
E. 
Date and nature of any past sale.
F. 
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting the sale and the date or dates of such sale.
G. 
Whether or not the applicant has been issued any other vendor's or mercantile 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 7:00 p.m. only, during the months of June, July and August, and between the hours of 9:00 a.m. and 6:00 p.m. only, during all other months.
No signs for advertising or directing customers are to be posted on any place other than the premises of the applicant. The sign is not to exceed two feet by two feet in size and cannot be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
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 the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the Township in order to maintain the public health, safety and welfare. All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Township Council and shall be subject to inspection at all times by the license inspector, Chief of Police and Fire Chief or any of their agents or any other duly authorized representative of the Township.
A. 
It shall be unlawful for any person to offer for sale mattresses, bed springs, cots, lounges and sofas in any garage sale authorized under this chapter without first complying with the appropriate sections of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of the mattresses, bedsprings, cots, lounges and sofas.
B. 
No refrigerator or icebox having a capacity of 1 1/2 cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device, shall be displayed, offered for sale or sold at a private sale or private auction unless the attached lid or door shall first be removed and detached therefrom.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling 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 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.
D. 
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.
E. 
Any sale conducted by a 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[1] 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 the ordinances of the Township.
[1]
Editor's Note: See Ch. 400, Land Development.
[Amended by Ord. No. 85-23; Ord. No. 92-6]
This chapter shall be enforced by the yard sale license inspector, Code Enforcement Officer and/or the Police Department. It shall be the duty of any of these Township representatives to investigate any violations of this chapter coming to their attention whether by complaint, arising from their own personal knowledge, or becoming aware during their normal course of duties; they shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter.
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms shall, upon conviction, be subject to the penalty in Chapter 1, Article III, General Penalty. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
[Added by Ord. No. 92-16; amended by Ord. No. 98-13]
A. 
It shall be unlawful for any person or entity to conduct an outdoor flea market within the confines of the Township of Lower except as provided herein.
B. 
Nonprofit, charitable, civic and religious organizations may conduct not more than four outdoor markets during any calendar year. The duration of each said outdoor flea market shall not exceed four days.
C. 
Any nonprofit, charitable, civic or religious organization seeking to conduct an outdoor flea market shall make application to the Township Council on an application form to be provided by the Clerk of the Township. No such outdoor flea market shall be held unless approved by the Township Council.
[Added 2-17-2010 by Ord. No. 2010-03]
The Township of Lower may operate a farmers' market in accordance with the following terms and conditions:
A. 
The farmers' market shall be operated at the parking lot of the Lower Township Municipal Complex.
B. 
No vendor shall participate in the farmers' market without a permit issued by the Township Clerk pursuant to this chapter and the guidelines to be established in this section.
C. 
Vendors shall pay a license fee of $25 per day or pay a seasonal permit fee, which shall be authorized by resolution each year, authorizing participation at each farmers' market conducted during the licensed season, provided that no license fee shall be required from vendors holding a valid mercantile license for the sale of goods and merchandise pursuant to Chapter 432 of the Lower Township Code which are similar to the goods and merchandise to be sold at the farmers' market or from volunteer firemen and veterans who hold a license issued pursuant to N.J.S.A. 45:24-9 et seq.
D. 
Any vendor that desires to utilize electric power supplied by the Township shall pay an additional fee to be established by the Township Manager based on the approximate cost to the Township.
E. 
The Township Manager shall regulate the type of goods and services offered at the farmers' market in a manner consistent with the Township Council's goals of promoting a family-friendly environment and promoting farming operations of Lower Township and Cape May County.
F. 
In the event multiple vendors wish to offer the same or similar products, wares or services, the Township Manager may limit the participation of such vendors in a reasonable manner, including, without limitation, the establishment of a rotation schedule that is fair and equitable to all such vendors.
G. 
The Township Manager may establish additional rules and regulations affecting the operation of the farmers' market.