City of Salem, NJ Chapter 174 Sales

[HISTORY: Adopted by the City Council of the City of Salem 8-21-1989 as Ord. No. 8914. Amendments noted where applicable.]

§ 174-1 Intent and purposes.

The Council of the City of Salem finds and declares that:

A. The provisions contained in this chapter are intended to prohibit the infringement of any businesses in the city by regulating the term and frequency of yard sales so as not to disturb or disrupt the residential environment of the area.

B. The provisions and prohibitions hereinafter contained are enacted not to prevent but to regulate garage sales for the safety and welfare of the citizens.

§ 174-2 Applicability. [1]

This chapter shall apply to and include all sales entitled "garage sale," "yard sale," "lawn sale," " attic sale," "rummage sale," "flea market" or any similar casual sale or auction of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale. Said sales will be referred to herein as "garage/yard sales."

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 174-3 Permits; fees.

A. It shall be unlawful for any person to conduct a garage/yard sale as provided in § 174-2 above in the City of Salem without first filing with the City Clerk the information hereinafter specified and obtaining from such Clerk or City Treasurer a permit to be known as a "garage/yard sale permit." The fee for such permit shall be and the same is hereby fixed at $5.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. No more that two such permits may be issued to one residence within a twelve-month period, and no such permit shall be issued for more than three consecutive calendar days.

C. Each permit issued under this chapter must be displayed on the premises upon which the sale is conducted throughout the period of such sale.

D. The permit information to be filed with the City Clerk, shall be as follows:

(1) Full name and address of applicant.

(2) Location at which the proposed sale is to be held.

(3) Date or dates upon which the sale shall be held.

(4) Date and nature of any past sale.

(5) An affirmative statement that the property to be sold is his/her own personal property and was neither acquired or consigned for the purpose of resale.

§ 174-4 Hours of sale.

All sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.

§ 174-5 Signs.

Advertising signs may be posted only on private property and no other place. No sign shall be exhibited for more than five days prior to the day of the sale and must be removed immediately upon the close of the sale.

§ 174-6 Exceptions.

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 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 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 any merchant or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the city 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 form properly zoned premises and not otherwise prohibited by any other ordinance or statute.[1]

[1] Editor's Note: See Ch. 130, Zoning.

F. Any bona fide charitable, eleemosynary, educational, cultural or other 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.

§ 174-7 Enforcement; responsibilities.

A. This chapter shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violations of this chapter coming to his/her attention, whether by complaint or arising from his/her own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter.

[Amended 10-16-1995 as Ord. No. 95-15]

B. The person to whom such permit is issued and the owner or tenant of of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order during all hours of such sale. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the City of Salem in order to maintain the public health, safety and welfare.

§ 174-8 Violations and penalties.

[Amended 10-16-1995 as Ord. No. 95-15; 7-20-2020 by Ord. No. 20-06]

Any person violating this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.