[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Eastampton 11-30-1982 by Ord. No. 1982-15 (Ch. 55 of the 1974 Township Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "auction" or 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 said sale and is invited to attend.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale within the Township of Eastampton without first filing with the Police Clerk information hereinafter specified and obtaining from such Clerk a license to do so.
Such license shall be issued to any one person for a garage sale three times within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days; provided, however, that where the sale is to be conducted on a Saturday or Sunday and the sale shall be postponed because of inclement weather, the applicant will be permitted to hold the sale on the same day of the following weekend. Where the sale is being held during the week and the date is postponed because of inclement weather, the applicant will be permitted to continue the sale on the next calendar day. In the event that the property owner intends to move from the Township, said property owner may be issued a license for a garage sale for more than three times within the aforementioned twelve-month period, provided that a license fee of $15 is paid per garage sale and that the property owner files with the Police Clerk a fully executed agreement of sale.
[Amended 11-26-1985 by Ord. No. 1985-16]
Any license issued under this chapter must be prominently displayed on the premises upon which the sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Police Clerk pursuant to this chapter shall be as follows:
Name of person, firm, group, corporation, association or organization conducting said sale; name of owner of the property on which the sale is to be conducted, together with consent, in writing, by the owner if the applicant is other than the owner.
Location at which the sale is to be conducted.
The number of days of sale and the hours of sale.
Whether or not applicant has been issued any other vendor's license by any other local, state or federal agency.
The number of sales held in the year and to be held in the year.
All garage sales shall be conducted between the hours of 9:00 a.m. and dusk only.
No sign shall be displayed upon the premises of the sale nor any directional sign posted more than five days prior to the proposed sale.
Any sign posted in conjunction with a sale shall be removed from view within 24 hours of the conclusion of the sale.
The merchandise offered at the sale shall be only merchandise acquired for normal use by the householder or other persons occupying the dwelling on the premises where the sale is held. No more than three garage sales shall be permitted on the same premises in any twelve-month period, and no such sale shall continue longer than two days.
Sales shall be conducted wholly within the confines of the property and in such a manner to cause no obstruction or encroachment on neighboring property or public sidewalk streets or other public ways.
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, inclusive, with respect to the labeling, sterilizing and disinfecting of said mattresses, bed springs, cots, lounges and sofas.
The provisions of this chapter shall not apply to or affect the following persons or sales or circumstances:
Persons selling goods according to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their duties and powers as public officials.
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 10 in number.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization.
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 by the person conducting the sale.
Any sale conducted by any merchant or other business establishment in 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 sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from properly zoned premises and would not otherwise be prohibited in the Township Code.
Any license may be revoked or refused by the Police Clerk if any application previously submitted by the applicant or license holder contained any false, fraudulent or misleading statement.
If any person is convicted of an offense under this chapter, the Police Clerk shall cancel any existing garage sale licenses held by the individual convicted and shall not issue such individual any other garage sale licenses for a period of two consecutive years from the time of conviction, nor shall a garage sale be conducted upon the premises where the offense occurred for a period of two years, provided that the individual shall be a continuous resident therein.