As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALE
Includes all sales commonly referred to as a 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 and which is owned by the
licensee or consigned to him.
OCCUPANT
The owner or lessee of the premises.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the
Township of Elk without first filing with the Township Clerk the information
hereinafter specified and obtaining from such Clerk a license to conduct such
sale, to be known as a "yard, lawn or garage sale license."
The information to be filed with the Township Clerk pursuant to this
chapter shall be as follows:
A. Name of the person, firm, group, corporation, association
or organization conducting said sale.
B. Name of the owner or lessee of the property on which
said sale is to be conducted.
C. Location at which the sale is to be conducted.
E. Date and nature of any past sale.
F. Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
In the event of inclement weather, all persons issued a license for
a particular date or dates pursuant to this chapter shall be permitted to
utilize their license on an alternate date. Such alternate dates must be supplied
to the Township Clerk at least 10 days prior thereto.
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 persons 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. All such persons shall obey the reasonable orders of any member
of the Police Department of the Township of Elk 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
Committee and shall be subject to inspection at all times by the Building
Inspector and Chief of Police or any of their agents or any other duly authorized
representative of the Township of Elk.
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
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, 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.
It shall be unlawful for any person to offer for sale mattresses, bedsprings,
cots, lounges and sofas in any garage sale authorized under this chapter without
first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18
with respect to the labeling, sterilizing and disinfecting of said mattresses,
bedsprings, cots, lounges and sofas.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A. 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 Elk 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 by this chapter.
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 bona fide charitable, 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.
This chapter shall be enforced by the Building Inspector. It shall be
the duty of the Building Inspector to investigate any violations of this chapter
coming to his attention, whether by complaint or arising from his 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.
It shall be the duty of the Police Department of the Township of Elk to bring
to the attention of the Building Inspector for further investigation any violations
of this chapter of which the Police Department becomes aware during the course
of its normal duties.
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 this chapter shall, upon conviction,
be fined not more than $500 or imprisoned for a term not to exceed 90 days,
or both. Each day that such sale shall continue without being duly licensed
shall be considered a separate violation.