[HISTORY: Adopted by the City Council of the City of Estell Manor Ord. No. 86-8 (Ch. IV, Sec. 4-6, of the 1974 Revised General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE OR YARD SALE
All sales entitled "garage sale," "lawn sale," "rummage sale" or "flea market" 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
Any goods or other property capable of being the object of a sale regulated hereunder.
PERSON
Individuals, partnerships, voluntary associations and corporations listed as owner(s) of a lot shown on the Official Tax Map of the City of Estell Manor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
It shall be unlawful for any person to conduct a garage sale in the City of Estell Manor more than three days per week and four times within a twelve-month period, for each lot shown on the Official Tax Map of the City of Estell Manor; or otherwise in violation of any other local, state or federal law.
The following rules and regulations shall apply to all garage sales duly licensed under this chapter:
A. 
All garage sales shall be conducted only between the hours of 9:00 a.m. and 7:00 p.m., prevailing time, during the months of June, July and August, and between the hours of 9:00 a.m. and 6:00 p.m., prevailing time, during all other months.
B. 
No signs for advertising or directing customers shall be posted on any other than the premises of the sale. Two signs three feet by three feet in size shall be allowed, which shall not be placed on the premises earlier than one week prior to the sale and must be removed immediately upon termination of the sale.
C. 
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 activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
D. 
It shall be unlawful for any person to offer for sale mattresses, bed springs, cots, lounges and sofas in any yard sale authorized under this chapter without first complying with the appropriate sections of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of said mattresses, bed springs, cots, lounges and sofas.
E. 
No refrigerator or ice box having a capacity of 1 1/2 cubic feet or more with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device shall be displayed, offered for sale or sold at a garage sale unless the attached lid or door shall first be removed and detached therefrom.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling 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 persons 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. Repeated sales under this subsection by such person may be evidence of a violation of this chapter.
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 chapter have not been complied with.
E. 
Any sale conducted in the usual course of an activity for which a license has been otherwise issued pursuant to the other ordinances of this City.
A. 
No garage sale shall be conducted within the City of Estell Manor except in conformance with the provisions of this chapter.
B. 
Any person conducting any such sale or similar activity who shall violate any of the terms and regulations of this chapter shall, upon conviction, be liable for the penalties set forth in Chapter 1, Article II, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]