[Adopted 5-7-2012 by Ord. No. 10-2012]
As used in this article, the following terms shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "attic sale," "rummage sale," "house sale," "yard sale," "estate sale," "tag sale," "flea market sale" or any similar causal sale of tangible personal property which is advertised by a means whereby the public at large is or can be made aware of said sale.
GOODS
Includes any goods or other property capable of being the object of sale regulated hereunder and which is owned by the conductor of the garage sale.
OCCUPANT
The owner or lessee of the premises.
It is unlawful to conduct a garage sale in the Township of Livingston without first registering the intended garage sale with the Building Department and providing the information hereinafter specified.
A. 
No such garage sale shall be conducted on any one premises for more than three consecutive calendar days.
B. 
No garage sale shall be conducted on any one premises more than two times in a twelve-month period.
The information to be provided to the Township's Building Department, pursuant to this article, shall be as follows:
A. 
Name, address, email and phone number of applicant.
B. 
Name, address, email and phone number of lessee of the premises on which said sale is to be conducted.
C. 
Location at which sale is to be conducted.
D. 
Number of days of sale.
E. 
Date and nature of any past sale.
The person conducting the sale 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 persons shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Departments of the Township in order to maintain the public health, safety and welfare.
All garage sales shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. only.
A. 
Signage to be posted 24 hours prior to sale only.
B. 
Signs to be removed upon completion of sale.
C. 
No posting of signage on utility poles.
D. 
Address of sale must be on sign. If address of sale is not on sign, it will be removed.
E. 
No attachments, balloons or streamers on signage.
F. 
Maximum height of signage: three feet.
G. 
Violation for posting of signage: $25 per sign. If fine is not paid to Building Department, then a summons will be issued as per § 244-40.
H. 
Sales, as defined and permitted under this article, shall be conducted on the premises only in the dwelling, garage, driveway, rear yard or front yard.
It is unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this article without first complying with the appropriate regulations for labeling, sterilizing and disinfecting of said mattresses, bedsprings, cots, lounges and sofas.
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 sale conducted by any merchant of 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, or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale is otherwise not prohibited in the ordinances.
D. 
Any bona fide charitable, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption. Such exemption may be permitted by resolution of Township Council upon application by any of the aforementioned types of organizations.
Police to issue summons upon discovery of violation. Building Department will issue summons for violations of which it becomes aware.
Any person, association or corporation conducting any such sale or similar activity without being properly registered therefor or who shall violate any of the other terms and regulations of this article shall upon conviction be fined up to $500 for first offense and up to $1,000 for each subsequent violation. Each day that such sale shall continue without notification being provided shall be considered a separate violation.