As used in this article, the following terms shall have the
meanings indicated:
GARAGE SALES
All sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "flea market sale," "Town-wide garage sales," "house
sale," "yard 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, merchandise or other property capable
of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
The following information must be filed with the Township Clerk
on a form provided therefor at least five days prior to the proposed
sale date before a yard sale permit may be issued.
A. Name of person, firm, group, corporation, association or organization
conducting said sale.
B. Name of owner of the property on which said sale is to be conducted
and consent of owner if applicant is other than owner.
C. Location at which sale is to be conducted.
E. Date and nature of any past sale.
F. Relationship or connection applicant may have had with any other
person, firm, group, organization, association or corporation conducting
said sale and the date or dates of such sale.
G. Itemized list and detailed description of goods proposed to be sold,
including a statement as to the date or dates when applicant obtained
or purchased the goods.
H. Whether or not applicant has been issued any other vendor's
permit by any local, state or federal agency.
I. Sworn statement or affirmation by the person signing that the information
therein given is full and true and known by him to be so.
All garage sales shall be conducted between the hours of 8:00
a.m. and 6:00 p.m. only.
The permittee and the owner or lessee of the premises on which
the sale is being conducted shall be jointly and severally responsible
for compliance with this article and the maintenance of good order
and decorum during the permitted date and time of the sale. No person
shall permit any loud or boisterous conduct or permit vehicles to
impede the passage of traffic on the roads or streets in the area
of such premises. All permitted premises shall at all times be subject
to inspections by the Zoning Officer or any of their agents or other
duly authorized Township representative.
The provisions of this article 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 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 article have not been complied
with.
E. Any sale regulated under any other ordinances of the Township of
Hampton.
F. Any sale conducted by any 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 of Hampton
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 by Township ordinances.
G. Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this section shall
be on the organization or institution claiming such exemption.
All signs advertising a yard sale shall have a space allotted
thereon upon which shall be placed the name and address of the person
to whom the permit has been issued. The sign is not to exceed four
square feet in size, shall not be placed on the premises earlier than
one week prior to the sale and shall be removed within 24 hours after
the sale has terminated. No signs shall be attached to telephone poles,
street signs or traffic signs.
Upon application by any bona fide charitable, eleemosynary,
educational, cultural or governmental institution or organization,
the Township Committee may waive any or all of the requirements of
this chapter; provided, however, that the burden of establishing eligibility
for waiver shall be on the organization or institution applying for
such waiver.
The fee for a garage sale permit shall be $10. If the permit
is for a multifamily/multiproperty owners' sale, each entity
participating in the sale must pay the permit fee, and the participants
must be listed on the permit application.
This article shall be enforced by the Township Clerk or Zoning
Officer. It shall be the duty of the Township Clerk or Zoning Officer
to investigate any violations of this article coming to their attention,
whether by complaint or arising from their own personal observation
and knowledge, and if a violation is found to exist, they shall prosecute
a complaint before the local Municipal Court.
Any person as defined herein violating any of the provisions
of this article shall, upon conviction therefor, be subject to a fine
not to exceed $500 or imprisonment in the county jail for a term not
to exceed 90 days, or both. Each day of the sale in violation of any
or all of the provisions of this article shall constitute a separate
offense.