Township of Washington, NJ Chapter 73 Flea Markets

[HISTORY: Adopted by the Township Committee of the Township of Washington 5-20-2014 by Ord. No. 2014-05. Amendments noted where applicable.]

§ 73-1 Definitions.

For the purpose of this chapter, the following definitions shall apply:

FLEA MARKET

A sale of items of tangible personal property wherein on one location there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.

NONPROFIT ORGANIZATION

Any not-for-profit organization which is organized for a bona fide charitable, eleemosynary, educational or cultural purpose.

YARD SALE

A sale conducted by a resident of a dwelling, on a lot upon which that dwelling is located, of personal items, household and yard tools and appliances, all of which have been owned throughout a six-month period immediately prior to the sale by residents of Washington Township. It shall also mean a sale conducted by a noncommercial organization of used personal items, household and yard tools and appliances contributed by members or friends of the organization. Yard sales are not flea markets and therefore are not governed by this chapter.

§ 73-2 License required; application; fee.

A. No person, firm or corporation may conduct a flea market within the Township of Washington without first obtaining a license from the Township at least 14 days prior to the date of the commencement of such flea market sale. Nonprofit organizations shall be exempt from the license requirement but shall be required to obtain a permit as described in § 73-3.

B. Any person, firm or corporation may obtain a license to operate a flea market from the Township Clerk upon filing:

(1) The name and address of the person, firm or organization conducting the sale.

(2) The street address of the location at which said flea market sale is to be conducted.

(3) The date or dates of the sale.

(4) The dates and hours of operation and the number of booths.

(5) A sketch or drawing depicting the layout of the flea market.

(6) Approval from the Washington Township Fire Official, Zoning Officer, Police Department, and Township Administrator.

(7) Evidence of liability insurance; certificate of insurance.

(8) The fee for a flea market license, which shall be $20 per day.

§ 73-3 Nonprofit organizations.

Nonprofit organizations shall be exempt from obtaining a flea market license described in § 73-2. Nonprofit organizations shall be required to obtain a permit to conduct a flea market, subject to the follow requirements:

A. Each organization authorized to conduct a flea market in accordance with this chapter shall obtain a permit from the Township Clerk at least 14 days prior to the date of the commencement of such flea market sale.

B. Such permit shall set forth the following:

(1) The name and address of the organization conducting the sale.

(2) The street address of the location at which said flea market sale is to be conducted.

(3) The date or dates of the sale.

§ 73-4 Requirements for all flea markets, including nonprofit organizations.

All licenses and permits shall be conditioned upon the person, firm or corporation agreeing to comply with the following requirements:

A. Such flea markets shall be limited to two consecutive calendar days and shall be conducted one half hour after sunrise and one half hour before sunset. There will be a maximum of two rain dates allowed.

B. The license or permit for the conducting of such sale must be prominently displayed upon the premises upon which the sale is conducted throughout the entire period of sale.

C. No walls are permitted to be constructed.

D. A minimum of three trash receptacles must be on site. The applicant is responsible for the removal and proper disposal of all garbage, litter, debris, and unsold merchandise.

E. Aisle walkways between stalls/booths must be at least 44 inches wide.

F. Portable canopies must be secured with a minimum of 50 pounds; nails or stakes may not be driven into the pavement.

G. Animals are not permitted by vendors or guests, with the exception of service animals.

H. Sound devices are prohibited.

I. Bathroom facilities must be provided for all flea markets. One on-site port-a-john must be available for every 50 people in attendance. The number of people in attendance shall include vendors and flea market staff as well as customers.

J. The Washington Township Fire Official must be notified of the date and time of all flea markets at least one week prior to the event.

K. All vendors must comply with all local, state and federal regulations regarding the sale of prohibited items.

L. All other Township ordinances shall remain in full force and effect.

M. The Township of Washington reserves the right to conduct inspections of the flea market facility at any time, and failure to comply with any section of this chapter may result in immediate shutdown. The Township shall not be responsible for any lost business or any prepaid fees due to a shutdown pursuant to this section.