[HISTORY: Adopted by the Township Committee of the Township of Eagleswood 7-15-1999 by Ord. No. 6-99 (Ch. 104 of the 1977 Township Code). Amendments noted where applicable.]
The purpose of this chapter is to control yard sales, garage sales, lawn sales, rummage sales, flea market sales, sidewalk sales and other casual sales. This chapter requires the obtaining of a permit to conduct such sales and sets forth the limitations related thereto.
As used in this chapter, the following terms shall have the meanings indicated:
- Any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder. This definition also includes objects of personal property which have been previously owned by any person as opposed to commercial or retail use.
- Individuals, partnerships, voluntary associations and corporations.
- SIDEWALK SALE
- Any merchandise of the type usually sold by the establishment conducting the sale, any equipment used by the establishment conducting the sale or any items that can be sold at a residential yard sale. Sidewalk sales may only be conducted by established businesses.
- YARD SALE
- All sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard sale," "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.
It shall be unlawful for any person to conduct a yard sale or sidewalk sale in the Township of Eagleswood without first filing with the Township Clerk the information hereinafter specified and obtaining from the Clerk a permit to do so. No fee is required to obtain a permit.
There shall be a limit of four permits per year for each residential use, except in the case of a multifamily use, which shall be limited to four permits per year for a single structure. Each permit issued under this section shall be issued for a maximum of three days and rain dates must be specified.
At no time shall the yard sale obstruct pedestrian or vehicular traffic.
There shall be a limit of four three-day sidewalk sale permits per year for each commercial establishment. There must be at least four days in between each sale. In the alternative, commercial establishments shall be permitted one seven-day sidewalk sale and one three-day sidewalk sale, with four days in between each sale. In the event there is more than one commercial use within a single structure or on a single lot, there shall be four three-day sidewalk sales or one seven-day sidewalk sale and one three-day sidewalk sale permit issued for the overall complex.
At no time shall the sidewalk sale obstruct pedestrian or vehicular traffic, including the use of parking areas.
Each permit issued under this chapter must be prominently displayed on the premises upon which the sidewalk sale is conducted throughout the entire period of the sale.
Advertisement of a sidewalk sale shall be permitted. However, each sidewalk sale shall be limited to four signs at two square feet each, and said signs shall not be placed so as to obstruct traffic vision. This provision shall not be construed to limit the use of existing permitted signs. Any signs posted to advertise the sidewalk sale and all objects related to the sidewalk sale must be removed within 24 hours after the completion of the sale.
The information to be filed with the Township Clerk shall include:
The name of the person, firm, group, corporation, association or organization conducting such sale.
The location where the sale is to be conducted.
The date, number of days and rain dates of the sale.
The date of any past sales.
A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.
Nonprofit and charitable organizations shall be exempt from the provisions of this chapter.
This chapter shall be enforced by the Code Enforcement Officer.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished, as provided above, for each separate offense.
The violation of any provision of this chapter shall be subject to the abatement formally by a restraining order or injunction issued by a court of competent jurisdiction.