[HISTORY: Adopted by the Township Committee
of the Township of Winslow 6-24-14 by Ord. No. O-2014-015. Amendments noted where applicable.]
The purpose of this chapter is to control yard sales, garage sales, lawn sales, rummage sales, attic sales, flea market sales or other casual sales of tangible personal property. The chapter requires the obtaining of a permit to conduct such sales. It also limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are exempted from the requirements of this chapter as set forth in Section 291-8.
As used in this chapter, the following
terms shall have the meanings indicated:
Includes used personal property and merchandise capable of
being the object of a sale regulated hereunder. This definition also
includes objects of personal property which have been previously owned
by any person for private use as opposed to commercial or retail use.
Includes individuals, partnerships, voluntary associations
and corporations.
Includes all sales entitled "yard sale," "garage sale," "lawn
sale," "attic sale," "rummage sale," "flea market sale," 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.
It shall be unlawful for any person
to conduct a yard sale in the Township of Winslow without first filing
with the Township Clerk the information hereinafter specified and
obtaining from such Clerk a license so to do, to be known as a yard
sale license.
No license shall be issued to any
person more than four (4) times in any twelve-month period.
No license shall be issued for any
location within the Township of Winslow more than four (4) times in
any twelve-month period.
A.
Such license shall be issued to any one
person only four (4) times in a twelve-month period, and no such license
shall be issued for more than two (2) consecutive calendar days. Charitable,
religious and civic organizations may be allowed more than four (4)
licenses within a twelve-month period with the approval of the Township
Committee.
B.
Each license issued under this chapter
must be prominently displayed on the premises upon which the yard
sale is conducted throughout the entire period of the licensed sale.
An application for a license to conduct
a yard sale shall be filed with the Township Clerk on a form to be
furnished by the township, pursuant to this chapter. The information
on the forms filed with the Township Clerk shall include the following:
A.
Name of the person, firm, group, corporation,
association or organization conducting such sale.
B.
Name of the owner of the property on which
said sale is to be conducted and the consent of owner if the applicant
is other than the owner.
C.
Location at which the sale is to be conducted.
D.
Date of the sale and rain date if applicable.
E.
Date, location and nature of any past sale.
F.
Application for such license shall be made
not less than two (2) weeks prior to the date of the sale.
G.
Sworn statement or affirmation by the person
signing that the information therein given is full, true and known
to him to be so.
All yard sales shall be conducted
between the hours of 7:00 a.m. and 6:00 p.m. only.
No signs advertising a yard sale
shall be permitted, except that a sign not larger than three by four
(3 x 4) feet may be placed on the property where the sale is to be
conducted. Such sign shall be posted not earlier than seven (7) days
prior to the day of the sale, and shall be removed not later than
forty-eight (48) hours after completion of the sale. No sign shall
be placed on any public right-of-way or electrical poles or standards.
The provisions of this chapter 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 or other
business establishment in a place of business wherein such sale would
be permitted by the zoning regulations of the Township of Winslow
or under the protection of the nonconforming use section thereof or
any sale conducted by a manufacturer, dealer or vendor which sale
would be conducted from properly zoned premises and would not otherwise
be prohibited in the township ordinances.
D.
Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not-for-profit upon demonstrating to the Township Committee its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption. However, the terms and conditions controlling signs as set forth in Section 291-7 shall be applicable to such organizations or associations.
A.
This chapter shall be enforced by the Police
Department or Code Enforcement of the Township of Winslow. It shall
be the duty of the Chief of Police, or his designee, to investigate
any violation of this chapter.
B.
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 or streets or interfere with the orderly passage
of pedestrian traffic on sidewalks in the area of such premises. All
such persons shall obey the reasonable orders of any member of the
Police Department or Fire Department of the Township of Winslow in
order to maintain the public health, safety and welfare. All licensed
premises shall be subject to such reasonable rules as may be made
from time to time, and shall be subject to inspection by Code Enforcement,
Police Department, Fire Department or any of their agents or duly
authorized representative of the Township of Winslow.
Any person violating or failing to
comply with the provisions of this chapter, shall, upon conviction
thereof, be punished by a fine not to exceed one thousand dollars
($1000.), or by imprisonment for a term not to exceed ninety (90)
ninety days, or by both, such fine and/or imprisonment to be determined
in the discretion of the Judge.
