[Adopted by Ord. No. 1308 as Ch. 5.32 of the 1998 Code]
[Amended 5-25-2010 by Ord. No. 2010-17; 3-10-2015 by Ord. No. 2015-06]
As used in this article, the following terms shall have the
meanings indicated:
All sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "flea market sale," "Town-wide garage sales," "house
sale," "estate 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, merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
A.Â
It shall be unlawful for any person to conduct a garage sale in the Township of Montville without first completing an application and obtaining from the Township Clerk a garage sale license. The fee for such a license shall be as set forth in Chapter 169, Fee Schedule. For multifamily/multiproperty owner sales, each entity participating must pay the license fee and be listed on the license application.
[Amended 5-22-2007 by Ord. No. 2007-20; 3-23-2010 by Ord. No. 2010-11; 5-25-2010 by Ord. No. 2010-17]
B.Â
Each license must be prominently displayed on the
garage sale premises throughout the entire period of the sale.
C.Â
No license shall be issued for more than four consecutive
calendar days.
D.Â
Only one such license shall be issued to any one person
and/or for any one location within a twelve-month period. However,
if a licensee can clearly demonstrate that adverse weather or other
unforeseen conditions have affected the sale, creating undue hardship,
the Township Committee may grant permission for additional licenses.
The licensee shall file a request for the additional sale and the
reasons for the request with the Township Clerk no later than three
days after the date upon which the first sale was to have been held.
E.Â
On days when the Township has endorsed a Township-wide garage sale, individual permits will be issued for a fee as set forth in Chapter 169, Fee Schedule. For multiple families/entities participating in the Town-wide garage sale at one location, each participant/family/entity must pay the Town-wide garage sale fee.
[Added 5-22-2007 by Ord. No. 2007-20; amended 3-23-2010 by Ord. No.
2010-11; 5-25-2010 by Ord. No. 2010-17]
The information to be filed with the Township
Clerk pursuant to this article shall be as follows:
A.Â
Name of person, firm, group, corporation, association
or organization conducting said sale.
B.Â
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.Â
Location at which sale is to be conducted.
D.Â
Number of days of sale.
E.Â
Date and nature of any past sale.
F.Â
Relationship or connection 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.Â
Itemized list and detailed description of goods proposed
to be sold, including a statement as to the date or dates when applicant
obtained or purchased the goods.
H.Â
Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
I.Â
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known by him
to be so.
[Amended 5-25-2010 by Ord. No. 2010-17]
All garage sales shall be conducted between
the hours of 8:00 a.m. and 8:00 p.m. only. All signs advertising such
sale shall be removed within 24 hours of its conclusion. No signs
shall be attached to telephone poles, street signs, or traffic signs.
The provisions of this article shall not apply
to or affect the following persons or sales:
A.Â
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.Â
Persons acting in accordance with their powers and
duties as public officials.
C.Â
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.Â
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 article have not
been complied with.
E.Â
Any sale regulated under any other ordinances of the
Township of Montville.
F.Â
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
of Montville or under the protection of the nonconforming use section
thereof,[1] 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 by Township ordinances.
G.Â
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however,
that the burden of establishing the exemption under this section shall
be on the organization or institution claiming such exemption.
This article shall be enforced by the Township
Clerk or Zoning Officer. It shall be the duty of the Township Clerk
or Zoning Officer to investigate any violations of this article coming
to their attention, whether by complaint or arising from their own
personal knowledge, and if a violation is found to exist, they shall
prosecute a complaint before the local Municipal Court. However, this
provision shall not be construed as depriving members of the Police
Department of the power to prosecute violators hereof.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction before the Judge of the Municipal Court of the Township of Montville, be punished as set forth in Chapter 1, Article III, General Penalty. Each day of sale in violation of any or all of the provisions of this article shall be a separate offense.
