[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 10-11-76 as Ord. No. 284. Amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown, in the County of Salem and State of New Jersey:
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or "flea market" or any similar casual sale or auction 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, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
[Amended 5-9-95 by Ord. No. 489]
Permits and fees.
It shall be unlawful for any person to conduct a garage sale in the Borough of Woodstown without first filing with the Borough Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "garage sale license." The fee for such license shall be and the same is hereby fixed at $5.
Such license shall be issued to any one person only twice within a twelve-month period, and 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 throughout the entire period of the licensed sale.
The information to be filed with the Borough Clerk pursuant to this chapter shall be as follows:
Name of the person, firm, group, corporation, association or organization for whom said sale is conducted.
Name of the owner of the property on which said sale is to be conducted and consent of the owner if the applicant is other than the owner.
Name of the auctioneer, if any.
Location at which the sale is to be conducted.
Number of days of the sale.
Date and nature of any past sale.
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
Whether or not the applicant has been issued any other vendor's 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.
Hours of sale. All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
All persons are prohibited from making, causing to be made or erecting signs other than those signs provided by the Borough of Woodstown as set forth herein.
At such time as a license is issued, the Borough Clerk shall provide the licensee with three signs to be used by the licensee to direct persons to the garage sale location. These signs, and only these signs may be used within the Borough of Woodstown to direct persons to the sale location. A refundable deposit of ten ($10) shall be paid to the Borough Clerk at the time the license and signs are issued. This deposit shall be refunded when the signs are returned in good condition to the Borough Clerk at the Borough Hall.
With the exception of a permanent and commercial billboard which has previously been approved as to location and use, no other exterior signs may be utilized. All unauthorized signs are subject to seizure by the Borough Police and the Municipal Housing Officer. Any person responsible for posting or creating such an unauthorized sign shall be subject to the penalties provided in this chapter.
All signs issued by the Borough of Woodstown shall be returned to the Municipal Clerk during regular business hours on the next regular business day following the last day of any sale for which a license was issued. The failure to return any signs issued pursuant to the terms of this subsection may constitute a violation of this chapter.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods 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 person 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.
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 by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Borough of Woodstown or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vender and which sale would be conducted from properly zoned premises and not otherwise prohibited by any other ordinance or statute.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
[Amended 1-24—95 by Ord. No. 482]
This chapter shall be enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to investigate any violations of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter. Members of the Woodstown Police Department shall promptly notify the Zoning Officer of any violation observed.
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 in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Departments of the Borough of Woodstown in order to maintain the public health, safety and welfare.
Any person, association or corporation conducting any such sale or similar activity without being properly 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.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
If any section of this chapter or part hereof shall be declared to be invalid or inoperative, such section, to the extent that it is not invalid or inoperative, shall not be affected thereby and shall be enforced and effectuated.
This chapter shall take effect immediately upon passage and publication as provided by law.