[HISTORY: Adopted by the Township Council
of the Township of Lower by Ord. No. 76-24 (Sec. 4-6 of the 1975 Code).
Amendments noted where applicable.]
[Amended by Ord. No. 92-6; Ord. No. 92-16]
As used in this chapter, the following terms
shall have the meanings indicated:
An outdoor market operated and managed by the Township of
Lower at the parking lot of the Lower Township Municipal Complex,
at which vendors may utilize space for the sale, barter, exchange
or display of goods, wares or services.
[Added 2-17-2010 by Ord. No. 2010-03]
Includes the leasing of tables outdoors at a fixed location
for the sale, barter, exchange or display of merchandise.
Includes all sales entitled 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.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Owner or lessee of the premises and includes individuals,
families, partnership, voluntary associations and corporations.
Any dwelling house, building or other structure designed
or used either wholly or in part for private residential purposes
whether inhabited or temporarily or continuously uninhabited or vacant
and shall include any yard, grounds, walk, driveway, porch, garage,
steps or vestibule belonging or appurtenant to such dwelling, house
or other structure.
The sale, barter, exchange or display of any new or used
furniture, sporting goods, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods or rummage
conducted upon private premises and/or conducted by a person employed
for the purposes, whether compensated or not.
[Amended by Ord. No. 92-6]
No private sale/garage sale shall be conducted
within the Township of Lower except in conformance with the provisions
of this chapter.
[Amended by Ord. No. 83-10; Ord. No. 92-6]
A.
It shall be unlawful of any person to conduct any
private sale/garage sale in the Township of Lower without first filing
with the Township Clerk the information hereinafter specified and
obtaining from such Clerk a license to be known as "private sales/garage
sale license."
B.
Such filing shall be and the same is hereby fixed
at $5 for two consecutive days.
[Amended by Ord. No. 85-15; Ord. No. 92-6]
A.
Such licenses shall be issued to any one person no
more than three times within one calendar year for any one location.
No license shall be issued for more than two consecutive calendar
days. Charitable and religious and civic organizations may be allowed
more than three licenses with the approval of the Township Council.
B.
Each license must be prominently displayed on the
premises and visible from the street upon which the garage sale is
conducted throughout the entire period of the licensed sale.
The information to be filed with the Township
Clerk pursuant to this chapter shall be as follows:
A.
Name of persons, firm, group, corporation, association
or organization conducting the sale.
B.
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.
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 the sale and the date or dates of such sale.
G.
Whether or not the applicant has been issued any other
vendor's or mercantile 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 7:00 p.m. only, during the months of June,
July and August, and between the hours of 9:00 a.m. and 6:00 p.m.
only, during all other months.
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 and 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.
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 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 or Fire Department of the Township 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 Council and shall be subject to inspection
at all times by the license inspector, Chief of Police and Fire Chief
or any of their agents or any other duly authorized representative
of the Township.
A.
It shall be unlawful for any person to offer for sale
mattresses, bed springs, cots, lounges and sofas in any garage sale
authorized under this chapter without first complying with the appropriate
sections of N.J.S.A. 26:10-1 through 26:10-18 with respect to the
labeling, sterilizing and disinfecting of the mattresses, bedsprings,
cots, lounges and sofas.
B.
No refrigerator or icebox having a capacity of 1 1/2
cubic feet or more, with an attached lid or door which may be opened
and fastened shut by means of an attached latch, lock or other similar
device, shall be displayed, offered for sale or sold at a private
sale or private auction unless the attached lid or door shall first
be removed and detached therefrom.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling 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 a 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[1] 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 in the ordinances of the Township.
[Amended by Ord. No. 85-23; Ord. No. 92-6]
This chapter shall be enforced by the yard sale
license inspector, Code Enforcement Officer and/or the Police Department.
It shall be the duty of any of these Township representatives to investigate
any violations of this chapter coming to their attention whether by
complaint, arising from their own personal knowledge, or becoming
aware during their normal course of duties; they shall prosecute a
complaint before the local Municipal Court pursuant to the provisions
of this chapter.
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 shall, upon conviction, be subject to the penalty in Chapter 1, Article III, General Penalty. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
[Added by Ord. No. 92-16; amended by Ord.
No. 98-13]
A.
It shall be unlawful for any person or entity to conduct
an outdoor flea market within the confines of the Township of Lower
except as provided herein.
B.
Nonprofit, charitable, civic and religious organizations
may conduct not more than four outdoor markets during any calendar
year. The duration of each said outdoor flea market shall not exceed
four days.
C.
Any nonprofit, charitable, civic or religious organization
seeking to conduct an outdoor flea market shall make application to
the Township Council on an application form to be provided by the
Clerk of the Township. No such outdoor flea market shall be held unless
approved by the Township Council.
[Added 2-17-2010 by Ord. No. 2010-03]
The Township of Lower may operate a farmers' market in accordance
with the following terms and conditions:
A.
The farmers'
market shall be operated at the parking lot of the Lower Township
Municipal Complex.
B.
No vendor
shall participate in the farmers' market without a permit issued by
the Township Clerk pursuant to this chapter and the guidelines to
be established in this section.
C.
Vendors shall pay a license fee of $25 per day or pay a seasonal permit fee, which shall be authorized by resolution each year, authorizing participation at each farmers' market conducted during the licensed season, provided that no license fee shall be required from vendors holding a valid mercantile license for the sale of goods and merchandise pursuant to Chapter 432 of the Lower Township Code which are similar to the goods and merchandise to be sold at the farmers' market or from volunteer firemen and veterans who hold a license issued pursuant to N.J.S.A. 45:24-9 et seq.
D.
Any vendor
that desires to utilize electric power supplied by the Township shall
pay an additional fee to be established by the Township Manager based
on the approximate cost to the Township.
E.
The Township
Manager shall regulate the type of goods and services offered at the
farmers' market in a manner consistent with the Township Council's
goals of promoting a family-friendly environment and promoting farming
operations of Lower Township and Cape May County.
F.
In the
event multiple vendors wish to offer the same or similar products,
wares or services, the Township Manager may limit the participation
of such vendors in a reasonable manner, including, without limitation,
the establishment of a rotation schedule that is fair and equitable
to all such vendors.
G.
The Township
Manager may establish additional rules and regulations affecting the
operation of the farmers' market.
