[HISTORY: Adopted by the Common Council of the City of Corbin City 8-16-1976 by Ord. No. 76-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE OR YARD SALE
- Includes all sales entitled "garage sale", or "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.
- Includes any goods or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnership, voluntary associations and corporations.
It shall be unlawful for any person to conduct a yard sale in the City of Corbin City without first filing with the City Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "yard sale license."
Such license shall be issued to any one person only twice within a twelve-month, period, and in any event such license shall be issued for each lot shown on the Official Tax Map of the City of Corbin City only twice within a twelve-month period. Charitable, religious or civic organizations may be allowed more than two licenses upon application for a special exception to the governing body.
No such license shall be issued for more than four consecutive calendar days.
Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted through the entire period of the licensed sale.
No license may be issued hereunder unless a statement containing the following information is filed with the City Clerk no less than five days prior to the first date of the proposed sale:
Name of person, firm, group, corporation, association or organization conducting said sale.
Name of the owner of the property on which said sale is to be conducted and written consent of the owner if the applicant is other than the owner.
Location at which sale is to be conducted.
Date and days of sale and number of days of sale.
Date and nature of any and all past sales.
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting such sale and the date or dates of such sale.
Whether or not the application has been issued any other vendor's or merchandise license by any local, state or federal agency.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
Upon making application to the City Clerk with the information as aforesaid and upon said Clerk's satisfaction that the requirements of this chapter have been met, a license shall be issued without charge or fee for the conduct of the activity sought hereunder at the time and place requested, subject to all rules and regulations of this chapter or of any other local, state or federal law.
All yard 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.
No signs for advertising or directing customers shall be posted on any other than the premises of the sale. Two signs three 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.
The person to whom such license is issued 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 person shall permit any loud or boisterous conduct on said premises, nor permit vehicles to impede the passage of traffic on any roads.
It shall be unlawful for any person to offer for sale mattress, 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.
No refrigerator or icebox 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 yard 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.
Persons selling pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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.
Any sale conducted in the usual course of an activity for which a mercantile license has been issued pursuant to Ordinance No. 76-4 of this City.
[Added 10-11-1976 by Ord. No. 76-5]
No yard sale shall be conducted within the City of Corbin City except in conformance with the provisions of this chapter.
Any person, association or corporation conducting any such sale or similar activity without being property licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined not less than $25, nor more than $100 or be imprisoned for a period not to exceed 10 days for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.