[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 11-19-1984 (Ch. 69 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 340.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "yard 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 said sale.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
[Amended 7-16-2007 by Ord. No. 22-2007]
A. 
It shall be unlawful for any person to conduct a garage sale in the Borough of Swedesboro without first filing with the Borough Clerk the information hereinafter specified and obtaining from the Borough Clerk a permit to conduct such sale, to be known as a "garage sale permit." The cost of issuance of such permit shall be as set forth in Chapter 140, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The person making application for the garage sale permit shall file a completed application with the Borough Clerk one day before the first day of the garage sale in order to provide adequate time for the processing of the permit. The Borough Clerk shall transmit each permit application to the Chief of Police, or his designee, who shall review the information contained on the permit. The Chief of Police, or his designee, shall have the right to impose conditions on the permit relating to matters of public safety.
A. 
The permit shall be issued only to premises on which a residential dwelling is located; it being the intention to prohibit garage sales on vacant lots and further to limit the issuance of said permits to specified premises rather than to any individual. The permit may be issued to any premises only twice within any twelve-month period, and the permit shall be issued for no more than three consecutive calendar days. Furthermore, no person, firm, group, corporation or association shall, directly or indirectly, conduct a garage sale at any premises within the Borough more than twice in any twelve-month period. Charitable, religious and civic organizations may be allowed more than two permits with the approval of Borough Council.
B. 
Each permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the garage sale.
[Amended 7-16-2007 by Ord. No. 22-2007]
The information to be filed with the Borough Clerk shall be as follows:
A. 
The name of the person, firm, group, corporation, association or organization conducting said sale.
B. 
The name of the owner of the property on which said sale is to be conducted and consent of the owner if the applicant is other than the owner.
C. 
The location at which sale is to be conducted.
D. 
The number of days of the sale.
E. 
The date and nature of any past sale.[1]
[1]
Editor's Note: Original § 69-4F, regarding relationship of applicant and other persons conducting a sale, and § 69-4G, regarding other vendor's license, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.
G. 
Any other information deemed necessary by the Borough Clerk so as to process the application.
[Amended 9-2-2003]
A. 
All garage sales shall be conducted between the hours of 8:00 a.m. and 4:00 p.m. only.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No garage sales shall be conducted on Kings Highway on the day designated as "Swedesboro Day" by the Mayor and Council of the Borough.
A. 
Signs posted or handbills advertising a garage sale, as herein defined, shall be of a size not larger than 12 inches by 12 inches and must contain, in addition to the definition of the type of sale being advertised, the name, address and telephone number of the person conducting the sale, the number of the permit issued by the Borough and the dates for which such permits were issued.
B. 
All such signs shall be removed within 48 hours after the completion of the sale.
C. 
Newspaper advertisement of such sale shall contain the same information as required in the case of signs.
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, 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.
E. 
Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by Chapter 340, Zoning, of the Code of the Borough of Swedesboro or under the protection of the nonconforming use section[1] 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 Borough ordinances.
[1]
Editor's Note: See § 340-16.
F. 
Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the limitation established in § 169-3 hereof, upon demonstrating to the Borough Council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the New Jersey Revised Statutes, shall be presumptive evidence of the right of such organization to this exemption.
A. 
This chapter shall be enforced by the Police Department. It shall be the duty of the Chief of Police, or his designated agent, to investigate any violation of this chapter.
B. 
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 loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department in order to maintain the public health, safety and welfare.
Any person, firm, association or corporation convicted of violating any provision of this chapter, or any amendment or supplement thereto, shall be subject to a fine not exceeding $200 or imprisonment in the Gloucester County Jail for a term not exceeding 30 days, or both, at the discretion of the Municipal Court Judge having jurisdiction in the matter.