[Adopted 8-28-1984 by Ord. No. 3741 (Ch. 228 of the 2004 Code)]
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.