[HISTORY: Derived from Sec. 4-9 of the 2002 Revised General
Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No.
02-27. Amendments noted where applicable.]
[Amended 8-3-2020 by Ord. No. 20-16]
As used in this chapter, the following terms shall have the
meanings indicated:
All sales, whether located in residential districts or commercial
districts, entitled "garage sale," "lawn sale," "attic sale," "rummage
sale," "flea market sale," or "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 such sale.
Any belongings or other property capable of being the object
of a sale regulated hereunder.
It shall be unlawful for any person to conduct a garage sale
in the Township without first filing with the Township Clerk the information
hereinafter specified and obtaining from the Township Clerk a license,
to be known as a "garage sale license."
[Amended 8-3-2020 by Ord. No. 20-16]
There is no fee for the license.
[Amended 8-3-2020 by Ord. No. 20-16]
The application to be filed with the Township Clerk shall contain
the following information:
A.
The name of the person, firm, group, corporation, association or
organization conducting the sale
B.
The name of the owner of the property on which the sale is to be
conducted, and consent of the owner if the applicant is other than
the owner
C.
The location at which the sale is to be conducted
D.
The number of days of the sale, which shall not exceed three consecutive
days
E.
The date and nature of any past sale within the calendar year
F.
The relationship or connection the applicant may have had with any
other person conducting a sale, and the date or dates of such sale
G.
Certification that the items to be sold are owned by the applicant
A.
No garage sale license shall be issued to any one person or for any
one premises more than four times within the calendar year. A license
number shall be issued to keep track of the number of sales. No such
license shall be issued for more than three consecutive calendar days.
In the event a sale is cancelled because of rain, the licensee shall
be authorized to hold the sale the following week.
[Amended 8-3-2020 by Ord. No. 20-16]
B.
Charitable, religious and civic organizations may be allowed more
than four licenses with the approval of the Township Council.
C.
Each license issued under this chapter must be prominently displayed
and posted on the premises upon which the garage sale is conducted,
in a conspicuous place so as to be seen from the street, throughout
the entire period of the licensed sale.
[Amended 8-3-2020 by Ord. No. 20-16]
D.
Powers
of attorney and/or binding agreements must be submitted with applications
for estate sale services and/or professional service sales.
[Added 8-3-2020 by Ord. No. 20-16]
[Amended 8-3-2020 by Ord. No. 20-16]
No garage sales shall be conducted other than between the hours
of 9:00 a.m. and 6:00 p.m.
[Amended 8-3-2020 by Ord. No. 20-16]
No signs for advertising or directing customers shall be posted
longer than two days prior to and including the dates of the sale.
Under no circumstances shall any signs be placed on or within high-volume
intersections, private property, trees or telephone poles. No such
signs shall exceed 17 inches in height or 11 inches in width. All
such signs shall be removed within 24 hours after the completion of
the sale.
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
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, 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 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.
F.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization within the Township is hereby
exempt from the provisions of this chapter; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption.
A.
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.
B.
No such person shall permit any loud or boisterous conduct on such
premises nor permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises.
C.
All such persons shall obey the reasonable order of any member of
the Police or Fire Departments of the Township in order to maintain
the public health, safety and welfare.
This chapter shall be enforced by the Township Police Department.
It shall be the duty of the Police Department to investigate any violations
of this chapter coming to its attention, whether by complaint or arising
from its own personal knowledge, and if a violation is found to exist,
it shall prosecute a complaint before the Municipal Court.
[Amended 8-3-2020 by Ord. No. 20-16]
Any person 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 thereof,
be liable to the penalty of $50 for the first offense, $100 for the
second offense and $200 for each subsequent offense. Each day that
such sale shall continue without being duly licensed shall be considered
a separate violation.
