[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:
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.
A.
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."
B.
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.
C.
No such license shall be issued for more than four consecutive calendar
days.
D.
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.
E.
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:
(1)
Name of person, firm, group, corporation, association or organization
conducting said sale.
(2)
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.
(3)
Location at which sale is to be conducted.
(4)
Date and days of sale and number of days of sale.
(5)
Date and nature of any and all past sales.
(6)
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.
(7)
Whether or not the application has been issued any other vendor's
or merchandise license by any local, state or federal agency.
(8)
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
F.
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.
A.
All yard sales shall be conducted only between the hours of 7:00
a.m. and 7:00 p.m., prevailing time.
[Amended 10-11-2022 by Ord. No. 11-2022]
B.
Two signs, each three feet by three feet in size or smaller, shall
be allowed and 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. Four directional signs may be placed on the morning of
the sale and must be removed immediately upon termination of the sale.
[Amended 10-11-2022 by Ord. No. 11-2022]
C.
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.
D.
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 26:10-21 with respect to the labeling,
sterilizing and disinfecting of said mattresses, bed springs, cots,
lounges and sofas.
[Amended 10-11-2022 by Ord. No. 11-2022]
E.
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.
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 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.
D.
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]
A.
No yard sale shall be conducted within the City of Corbin City except
in conformance with the provisions of this chapter.
B.
Any person, association, corporation or other entity 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 $50, nor more
than $200 for each violation. Each day that such sale shall continue
without being duly licensed shall be considered a separate violation.
All other violations of this chapter shall be considered a separate
violation for each day each such violation continues.
[Amended 10-11-2022 by Ord. No. 11-2022]
