[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:
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.
A.
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]
B.
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:
A.
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.
B.
Location at which the sale is to be conducted.
C.
The number of days of sale and the hours of sale.
D.
Whether or not applicant has been issued any other vendor's
license by any other local, state or federal agency.
E.
The number of sales held in the year and to be held in the year.
A.
All garage sales shall be conducted between the hours of 9:00 a.m.
and dusk only.
B.
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.
C.
Any sign posted in conjunction with a sale shall be removed from
view within 24 hours of the conclusion of the sale.
D.
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.
E.
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.
F.
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:
A.
Persons selling goods according to an order or process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their duties and powers 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 10 in number.
D.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization.
E.
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.
F.
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.
A.
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.
B.
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.
