[HISTORY: Adopted by the Mayor and Council of the Borough of South Plainfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 327.
[Adopted 6-28-1976 by Ord. No. 714 (Ch. 154 of the 1982 Code)]
As used in this article, the following terms shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage 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.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the Borough of South Plainfield without first filing with the Borough Clerk the information hereinafter specified and obtaining from such Borough 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 $2.
[Amended 11-12-1998 by Ord. No. 1493]
A. 
Such license shall be issued to any one person at a single specific location only once within a six-month period, and no such license shall be issued for more than two consecutive calendar days. Charitable and religious and civic organizations may be allowed more than two licenses per year with the approval of the Mayor and Council.
B. 
Each license issued under this article 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 Borough Clerk pursuant to this article shall be as follows:
A. 
Name of persons, firm, group, corporation, association or organization conducting said sale.
B. 
Name of the owner of the property on which said sale is to be conducted, and consent of the owner if the applicant is other than the owner. No person failing to comply with this provision shall be issued a license.
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 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. 
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 6:00 p.m. only.
[Amended 11-12-1998 by Ord. No. 1493]
A. 
Only signs of uniform size and form not to exceed 24 inches by 24 inches shall be permitted to be displayed. All other signs are prohibited.
B. 
Said signs shall have a space allotted thereon upon which shall be placed the name an address of the person running the sale, and said signs shall be removed within 48 hours after the completion of the sale. Placing signs upon utility poles is a violation of law and shall subject the violator to fines and penalties including those as provided in § 342-9 herein.
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 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 article have not been complied with.
E. 
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 Borough of South Plainfield 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.
[1]
Editor's Note: The Zoning Ordinance is on file in the office of the Borough Clerk.
F. 
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
[Amended 4-28-1994 by Ord. No. 1357]
A. 
This article shall be enforced by the South Plainfield Code Enforcement Officer, the Police Department and/or the Zoning Officer. It shall be the duty of the Police Department and Zoning Officer to investigate any violation of this article coming to their attention, whether by complaint or arising from personal knowledge, and if a violation is found to exist, there shall be prosecuted a complaint before the local Municipal Court pursuant to the provisions of this article.
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 nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. The sale shall be conducted in such a manner as to not create any nuisance or disturbance and to not create any violation of any applicable ordinances, regulations or statutes. All such persons shall obey the reasonable orders of any member of the Police Department or Fire Department of the Borough of South Plainfield or the Code Enforcement Officer in order to maintain the public health, safety and welfare.
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 and regulations of the chapter shall, upon conviction, be fined not in excess of $500 or be imprisoned for a period not to exceed 90 days for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation. The penalties provided herein shall be applicable and may be imposed upon any person who shall give false information on the application herein required, said penalties to be administered by the Judge of the Municipal Court of the Borough of South Plainfield.