[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 10-15-1975 by Ord. No. 79-23. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any facility where activities take place commonly known as
but not limited to swap shops, penny markets, rummage sales and garage
sales and where tangible articles are bought, sold or exchanged.
All sales entitled garage sale, yard sale, lawn sale, attic
sale, rummage sale or flea market 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.
Any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Individuals, partnerships, voluntary associations and corporations.
A.
It shall be unlawful for any person to conduct a garage
sale in the borough without first filing with the Borough Clerk the
information hereinafter specified and obtaining from such Clerk a
permit so to do, to be known as a "garage sale permit."
B.
Such permit shall be issued to any one person only
twice within a twelve-month period, and no permit shall be issued
for more than two consecutive calendar days. Any household in the
borough shall be similarly limited to two permits within a twelve-month
period, regardless of the number of persons in the household. No permit
shall be issued for the same location in the borough in excess of
two sales within a twelve-month period.
C.
The information to be filed with the Borough Clerk
pursuant to this section, shall be as follows:
(1)
Name of person, firm, group, corporation, association
or organization conducting the sale.
(2)
Name of owner of the property on which the sale is
to be conducted and consent of owner if applicant is other than owner.
(3)
Street address and location of property at which sale
is to be conducted.
(4)
Proposed date or dates of sale.
(5)
Date and nature of any past sale.
(6)
Relationship or connection 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.
(7)
Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
(8)
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
or her to be so.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m.
A.
All persons are prohibited from making, causing to
be made or erecting signs other than those signs specified by the
borough. The signs shall be of uniform size and form (12 inches by
12 inches). The signs shall have a space allotted thereon upon which
shall be placed the name and address of the person running the sale
and the signs shall be removed within 48 hours after the completion
of the sale.
B.
Signs shall be located on the premises on which the
sale is to be conducted and on not more than three other locations
of private property in the borough. Under no circumstances shall any
signs be placed in the public right-of-way, including streets, sidewalk
area, alleys or other thoroughfares. No signs shall be placed on any
borough shade tree, telephone pole or on borough-owned property, including
parks, playgrounds and other recreational areas, whether they be located
in the public right-of-way or not.
The provisions of the 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 communication media who publishes or broadcasts an advertisement
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 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
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 any other ordinance or statute.[1]
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization, provided that
they comply with the following:
(1)
Make application to the Mayor and Council based on
the submission of the following information:
(a)
Name and address of the organization.
(b)
Location of the property for the proposed flea market and name of owner if it differs from Subsection F(1)(a).
(c)
Date of flea market.
(d)
Proposed hours.
(e)
Number of booths.
(f)
Number of parking spaces available off street.
(g)
Name, address and telephone number of contact
person for the organization.
(2)
Receipt of permission from Mayor and Council by passage
of resolution. Said permission shall be granted if the Mayor and Council
find that the organization is bona fide as set forth above and that
the operation of the flea market at the dates, times and locations
requested will not unduly interfere with or impede the flow of traffic,
will not create undue traffic congestion, will have satisfactory ingress
and egress for motor vehicle and pedestrian traffic and will not create
excessive noise in a residential neighborhood or endanger the health,
safety and general welfare of the immediate neighborhood and the Borough
of Metuchen.
A.
This chapter shall be enforced by the Chief of Police.
It shall be the duty of the Chief of Police to investigate any violations
of this section coming to his or her attention, whether by complaint
or arising from personal knowledge, and if a violation is found to
exist, he or she 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 to bring to the attention of the Chief
of Police for further investigation any violations of this chapter
of which the Police Department becomes aware during the course of
its normal duties.
B.
The person to whom such permit 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 Department
or Fire Department of the borough in order to maintain the public
health, safety and welfare.
A.
B.
Each day that such sale shall continue without being
duly licensed shall be considered a separate violation.
