Borough of Merchantville, NJ Yard Sales

Any casual or occasional sale of tangible personal property, including all sales known as "yard sales," "garage sales," "flea market sales," "lawn sales," "attic sales," "rummage sales" or "bazaar sales."

§ 93-2 Limitations.

No person may conduct more than three yard sales in any twelve-month period. No yard sale may be conducted on any location within the Borough of Merchantville more than three times in any twelve-month period.

§ 93-3 Hours and days of sale.

Yard sales shall not commence before 8:30 a.m. and must be terminated by sundown.

§ 93-4 Items to be sold restricted.

Yard sales shall offer for sale only used items of personal property owned by the person conducting the yard sale or by the owner of the property upon which the sale is conducted. No new merchandise shall be offered for sale.

§ 93-5 Advertising.

No advertising of yard sales shall be permitted except as follows:

One or more discreet advertisements in the classified advertising section of a newspaper.

A writing sent by mail.

A sign, not greater than three feet by four feet, on the property when the sale is to be conducted. Such sign shall not be posted earlier than two days prior to the day the sale is to be conducted and shall be removed within 12 hours of the conclusion of the sale.

Not more than two signs, neither of which shall be greater than 1/2 feet by two feet, on property other than that on which the sale is to be conducted. Prior to posting any such sign, the applicant shall receive permission to post such sign from the owner of the property where the sign is to be posted. Such sign or signs shall be posted not earlier than the day the sale is to be conducted and shall be removed within 12 hours of the conclusion of the sale.

§ 93-6 Exemptions.

The provisions of this chapter shall not apply to or affect the following persons or sales:

(1)

Persons selling goods pursuant to an order of a court of competent jurisdiction.

(2)

Any sale conducted by a merchant or other business establishment at a place of business where sales are permitted by Chapter 94, Zoning, of the Code of the Borough of Merchantville or permitted as a nonconforming use.

(3)

Any casual sale conducted within a building or structure and consisting of not more than seven items.

Where a person is moving from the location in which the sale is being conducted or the person is the executor, administrator or heir of the owner or tenant of the property on which the sale is being conducted, the provisions of § 93-5 of this chapter shall not be applicable. In lieu thereof, the person shall be permitted to conduct a yard sale for not more than six calendar days. On only one of such days shall the person be permitted to display property outside of a structure, and on only one such day shall the person be permitted to advertise the sale by means of advertising listed in § 93-5C and D of this chapter.

§ 93-7 Conduct; additional rules; inspections.

The person conducting a yard sale and the owner and\or tenant of the premises on which a yard sale is conducted shall be jointly and severally responsible for the maintenance of good order on the premises during the hours in which a yard sale is conducted. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any streets in the vicinity of such premises. All persons shall obey the reasonable orders of the Police or Fire Departments of the Borough of Merchantville in order to maintain the public health, safety and welfare.

All persons conducting and all premises upon which a yard sale is conducted shall be subject to all reasonable rules as may be made, from time to time, by the Mayor and Borough Council of the Borough of Merchantville and shall be subject to inspection by the Code Enforcement Officer, Chief of Police and Fire Chief, or any of their agents, or duly authorized representatives of the Borough of Merchantville.

§ 93-8 Effect on other provisions.

Nothing contained herein shall be deemed in any way to alter any of the provisions of Chapter 94, Zoning, of the Code of the Borough of Merchantville or permit any act forbidden therein.