Except as hereinafter authorized, the outdoor
sale of Christmas trees, greens, foliage and flowers is hereby prohibited.
The following regulations shall pertain in connection
with the sale of Christmas trees, greens, foliage and flowers in those
locations that may be authorized by this article, namely:
A. Not to be stored
or displayed within 10 feet of any structure.
B. No open burning
within the Township of Union of unsold items.
C. All sales are
to be subject to inspection and approval of the Bureau of Fire Prevention.
D. Sales to be prohibited
between the hours of 10:00 p.m. and 9:00 a.m.
All areas used for the sale and display of Christmas
trees, greens, foliage and flowers are to be cleared and all unsold
items removed not later than 48 hours after the termination of the
sale.
Such persons or organizations as are authorized
to conduct such sales as are set forth in this article shall, together
with the owner or tenant of the premises on which the sale is conducted,
be jointly and severally liable for the maintenance of good order
and decorum on the premises. No such person shall permit any loud
or boisterous conduct on said premises nor permit the display of said
items mentioned in this article so as to cause an impediment of the
safe and reasonable passage of pedestrians or traffic on any public
highway, street or sidewalk. All persons shall obey the reasonable
orders of any member of the Police Department or Fire Department of
the Township of Union in order to maintain the public health, safety
and welfare of the Township of Union.
This article shall be enforced by the Police
Department of the Township of Union in the County of Union.
This article shall not apply to any charitable
organization, religious organization or nonprofit corporation, which
has filed a certificate of incorporation with the Secretary of State
of New Jersey and which has its principal office in Union Township,
when the proceeds of any sale conducted by any such charitable, religious
or nonprofit organization are applied to the payment of the expenses
of said sale and the balance of the charitable, religious or nonprofit
cause for which the charitable, religious or nonprofit organization
exists. Said charitable, religious or nonprofit organization conducting
any such sale shall, within 30 days after the termination thereof,
file with the Township Clerk an accounting showing the receipts and
disbursements in connection with said sale and the proceeds thereof
that were retained by said charity.
This article shall not be applicable to any
sale conducted by a person or corporation whose main activity is the
sale of flowers or kindred products from a store located within the
Township of Union.
[Amended 10-28-1986 by Ord. No. 3879; 4-26-1988 by Ord. No.
3963; 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.