[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:
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]
A.
Permits and fees.
(1)
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.
(2)
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.
(3)
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.
(4)
The information to be filed with the Borough Clerk pursuant to this
chapter shall be as follows:
(a)
Name of the person, firm, group, corporation, association or
organization for whom said sale is conducted.
(b)
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.
(c)
Name of the auctioneer, if any.
(d)
Location at which the sale is to be conducted.
(e)
Number of days of the sale.
(f)
Date and nature of any past sale.
(g)
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.
(h)
Whether or not the applicant has been issued any other vendor's
license by any local, state or federal agency.
(i)
Sworn statement or affirmation by the person signing that the
information therein given is full and true and known to him to be
so.
B.
Hours of sale. All garage sales shall be conducted between the hours
of 9:00 a.m. and 6:00 p.m. only.
C.
Signs.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
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 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.
D.
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.
E.
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[1] 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.
F.
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]
A.
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.
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 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.
A.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed to the extent of such inconsistency.
B.
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.
C.
This chapter shall take effect immediately upon passage and publication
as provided by law.
