[Adopted 10-25-1977 by Ord. No. 3241 (Ch.
428, Art. II, of the 2004 Code)]
As used in this article, the following terms
shall have the meanings indicated:
A sale of items of tangible personal property wherein on
one location there are multiple vendors who have paid a fee for the
privilege of occupying the space allotted to each such vendor for
the purpose of displaying personal property.
[Amended 8-28-1979 by Ord. No. 3401; 7-27-1982 by Ord. No.
3585]
Includes but shall not be limited to lawn sales, rummage
sales and 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.
[Amended 8-28-1979 by Ord. No. 3401; 4-9-1985 by Ord. No. 3777]
Includes the sale caused by the removal of the householder
from the premises whereby said householder intends to sell, by lot
or in bulk, a portion or the entire contents of the personal property
located within said household.
[Added 4-9-1985 by Ord. No. 3777]
[Amended 8-28-1979 by Ord. No. 3401]
No person, firm or corporation may conduct a
flea market, other than a bona fide charitable, eleemosynary, educational
or cultural organization, organized not for profit and having either
an office or a place of operation within the Township of Union and
being able to establish that it is such type of nonprofit organization,
subject, however, to the following requirements:
A.
Each organization
authorized to conduct a flea market in accordance with this section
shall file an application with the Township Clerk at least 60 days
prior to the date of the commencement of such flea market sale.
B.
Such application
shall set forth the following:
(1)
Name of organization
conducting said sale.
(2)
Name and
address of owner of the property upon which said flea market sale
is to be conducted.
(3)
Written consent
of owner, if applicant is other than owner.
(4)
Street address
or tax map reference of location at which said flea market sale is
to be conducted.
(5)
Number of
days of sale.
(6)
Date, if
any, of prior sales within three years prior to date of application.
(7)
Whether or
not sale will be held indoors or outdoors.
(8)
Date or dates
of sale.
C.
No more than
two permits to any one such organization shall be authorized in any
one calendar year.
D.
Such flea market
sales shall be limited to two consecutive calendar days and shall
be conducted only between the hours of 9:00 a.m. and 5:00 p.m. Three
consecutive hours of operation shall constitute one calendar day.
Permittees shall be allowed a maximum of two rain dates; provided,
however, that after three consecutive hours of operation, a sale interrupted
by rain shall not entitle the permittee to a rain date.
E.
The permit for
the conducting of such sale must be prominently displayed upon the
premises upon which the sale is conducted throughout the entire period
of the sale.
[Amended 4-9-1985 by Ord. No. 3777]
Any person may conduct a garage sale or house
sale as herein defined under the following terms and conditions:
A.
An application
shall be filed with the Township Clerk prior to the date of the commencement
of such garage sale. Such application shall set forth the following
information:
(1)
Name of person
applying for permit.
(2)
Name and
address of the owner of the property on which said sale is to be conducted.
(3)
Written consent
of the owner of the property upon which the sale is to be conducted
if the applicant is not the owner.
(4)
Location
at which the sale is to be conducted, giving the street address or
tax atlas reference.
(5)
Date of sale.
(6)
Date of any
past sale within a three-year period, preceding the date of the proposed
sale.
(7)
General description
of the type of goods to be sold, including a written statement as
to whether or not any of the merchandise to be sold was purchased
by the applicant for the purpose of resale, resale of such purchased
goods being hereby prohibited.
(8)
Whether or
not the sale will be held indoors or outdoors.
B.
Upon the filing
of the aforesaid application, and the same being reviewed by the Township
Clerk and found complete and accompanied by a permit fee of $7, the
Township Clerk is hereby authorized to issue a permit for the garage
sale or house sale applied for, which said permit shall be subject
to compliance with the following restrictions:
[Amended 12-13-1988 by Ord. No. 3997; 7-11-1989 by Ord. No.
4040; 9-10-2002 by Ord. No. 4745]
(1)
Hours of
sale shall be between 9:00 a.m. and 5:00 p.m. only.
(2)
Garage sales
shall be authorized only for the day applied for on the application
with the following day being authorized as a rain date, excluding
Sunday.
(3)
House sales
shall be authorized for two consecutive or nonconsecutive days, provided
that the second day is not scheduled for more than 10 days subsequent
to the first day.
(4)
No items
of merchandise may be displayed beyond 10 feet from the face of a
garage connected to the dwelling house. Merchandise may be displayed
in a driveway, not, however, beyond the front line of the dwelling
house, and merchandise may likewise be displayed in the rear yard
of said premises for a depth of 10 feet from the rear wall of said
dwelling house.
(5)
The permit
authorized under this article must be prominently displayed on the
premises upon which the sale is being conducted.
(6)
Only two
permits per calendar year may be issued to any one applicant or for
any one location.
[Amended 3-8-1994 by Ord. No. 4300]
(7)
Sunday sales
are prohibited, except in the case of persons having philosophical
religious convictions which are in conflict with this provision. In
such cases, such persons may conduct garage sales on Sundays, in place
of the Sabbath Day observed by such persons.
[Amended 6-13-1995 by Ord. No. 4394]
(8)
No signs
advertising said sale are authorized, nor may the same be posted anywhere
within the Township or anywhere on the premises upon which the sale
shall be held; provided, however, that the permit issued pursuant
to this article shall constitute a sign which shall be posted on the
front wall of the dwelling house or garage.
(9)
Any sale
of any item of merchandise at any garage sale or house sale must comply
with all appropriate provisions of the law with reference to any such
sales, including but not limited to N.J.S.A. 26:10-1 et seq.
(10)
No more
than two garage sales shall be authorized at any one time on the same
street.
[Added 11-25-1986 by Ord. No. 3882]
(11)
Notwithstanding
the foregoing, the permit fee shall be waived for senior citizens
of the Township of Union, aged 62 and over, upon proof of age and
residency.
[Added 2-12-1991 by Ord. No. 4132]
(12)
Said fees
shall also be waived for disabled and handicapped persons of the Township
of Union. "Handicapped persons" shall be defined as those persons
who qualify under New Jersey motor vehicle statutes. "Disabled persons"
shall be defined as those persons who qualify under federal, state,
county or local laws and regulations.
[Added 2-12-1991 by Ord. No. 4132]
(13)
Said fees
shall be waived for all veterans.
[Added 9-10-2002 by Ord. No. 4745]
[Amended 8-28-1979 by Ord. No. 3401]
A.
Immediately upon
the conclusion of any sale authorized by this article, the permittee
shall be obliged, within 24 hours after the conclusion of said sale,
to clean the outside of said premises and remove all unsold merchandise
therefrom and restore the same to the condition in which it existed
prior to said sale.
B.
Garage sales
and flea markets as defined herein and authorized by this article
are prohibited upon Township-owned premises, not otherwise leased
to third parties by the Township.
The provisions of this article shall not apply
to affect the following:
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.
The selling or
advertising for sale of an item or items of personal property, which
are specifically described in the advertisement and which separate
items do not exceed five in number and which are not displayed outside
the premises.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to one or
more of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $2,000
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section.
