[HISTORY: Adopted by the Township Council of the Township
of Pequannock 7-22-1997 as Ch.
089 of the 1997 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all sales titled "garage sale," "lawn sale," "attic
sale" or "rummage sale" or 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, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
[Amended 8-23-2004 by Ord. No. 2004-25]
A.Â
It shall be unlawful for any person
to conduct a garage sale within the Township of Pequannock without
first filing with the Township Clerk the information hereinafter specified
and obtaining from such Clerk a license to do so.
A.Â
Such license shall be issued to
any one person for a garage sale twice within a twelve-month period,
and no such license shall be issued for more than two consecutive
calendar days; provided, however, that where the sale is to be conducted
on a Saturday and Sunday and the sale shall be postponed because of
inclement weather, the applicant will be permitted to hold the sale
on the same day of the following weekend. Where the sale is being
held during the week and the date is postponed because of inclement
weather, the applicant will be permitted to continue the sale on the
next clear day.
B.Â
Any license issued under this
chapter must be prominently displayed on the premises upon which the
sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Township Clerk pursuant
to this chapter shall be as follows:
A.Â
The name of the person, firm,
group, corporation, association or organization conducting said sale.
B.Â
The name of the owner of the property
on which the sale is to be conducted, together with consent in writing
by the owner if the applicant is other than the owner.
C.Â
The location at which the sale
is to be conducted.
D.Â
The number of days of the sale
and the hours of the sale.
E.Â
Whether or not the applicant has
been issued any other vendor's license by any other local, state or
federal agency.
F.Â
An affirmation or sworn statement
by the person signing that the information given is true.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m.
[Amended 8-23-2004 by Ord. No. 2004-25]
Signs directing or advertising a garage sale may be placed on
the property where the sale is to be conducted. Applicants are permitted
to place one off-site sign, as described below, on the property of
another, with that property owner's consent. No signs for advertising
or directing customers are to be posted on any vehicle, trailer or
utility pole. The signs shall not exceed two by two by two feet in
size and cannot be placed on the premises earlier than one week prior
to the sale and must be removed within 24 hours after the sale has
terminated.
A.Â
The provisions
of this chapter shall not apply to nor affect the following persons
or sales as outlined below:
(1)Â
Persons selling goods according
to an order or process of a court of competent jurisdiction.
(2)Â
Persons acting in accordance
with their duties and powers as public officials.
(3)Â
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.
B.Â
Any bona
fide charitable, eleemosynary, educational, cultural or governmental
institution or organization shall not be required to pay the licensing
fee; however, the remaining provisions of this chapter shall apply.
