Township of Lacey, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lacey 2-16-1979 by Ord. No. 1-79 (Ch. 69 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 269.
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market sales or other casual sales. This chapter requires the obtaining of a permit to conduct such sales and limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted from the requirements of this chapter in § 191-8.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALES
Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard sale," "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or may be made aware of said sale.
[Amended 7-11-1996 by Ord. No. 96-36]
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
[Amended 7-11-1996 by Ord. No. 96-36; 2-28-2002 by Ord. No. 02-06; 3-27-2008 by Ord. No. 2008-07]
It shall be unlawful for any person to conduct a garage sale in the Township of Lacey without first filing with the Township Clerk the information hereinafter specified and obtaining from such Clerk a license to do so, which shall be known as a "garage sale license." The fee for such license shall be and the same is hereby fixed at $5.
[Amended 10-13-1983 by Ord. No. 30-83]
A. 
Such license shall be issued to any one person only four times within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days. The twelve-month period shall run from January 1 to December 31 of any calendar year. A maximum of two licenses per month may be issued for each property where the garage sale is to take place. Charitable, religious and civic organizations may be allowed more than one license with the approval of the Township Committee.
[Amended 3-14-1991 by Ord. No. 9-91]
B. 
Notwithstanding any other provision of this chapter, no more than four garage sales may be held at any one location in the Township of Lacey during the course of any twelve-month period.
C. 
Each license issued under this chapter shall state the name of the applicant and the location of the garage sale and must be prominently displayed on the premises upon which the garage 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. 
Name of the person, firm, group, corporation, association or organization conducting such sale.
B. 
Name of the owner of the property on which said sale is to be conducted and the written consent of owner if applicant is other than owner.
[Amended 7-11-1996 by Ord. No. 96-36]
C. 
Location at which the sale is to be conducted.
D. 
Number of days of the sale.
E. 
Date and nature of any past sale.
F. 
If there was a past sale, the relationship or connection the applicant had with any other person, firm, group, organization, association or corporation conducting said past sale and the date or dates of the past sale.
[Amended 7-11-1996 by Ord. No. 96-36]
G. 
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
H. 
A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him or her to be so.
[Amended 7-11-1996 by Ord. No. 96-36]
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
[Amended 7-11-1996 by Ord. No. 96-36]
A. 
Signs posted on handbills advertising a garage sale as herein defined shall be of a size not larger than 12 inches by 12 inches and must contain, in addition to the definition of the type of sale being advertised, the name and address of the person conducting the sale, the number of the permit issued by the Township of Lacey and the dates for which such permits were issued.
B. 
All such signs shall be removed within 48 hours after the completion of the sale. A newspaper advertisement of such sale shall contain the address of the person conducting the sale.
A. 
The provisions of this chapter shall not apply to or affect the following persons or sales:
(1) 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(2) 
Persons acting in accordance with their powers and duties as public officials.
(3) 
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.
(4) 
Any publisher of a newspaper, magazine, other publication or communication medium 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.
[Amended 7-11-1996 by Ord. No. 96-36]
(5) 
Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by the Land Use Ordinances of the Township of Lacey or under the protection of the nonconforming use section thereof or any sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from properly zoned premises and would not otherwise be prohibited by any Township ordinance.
[Amended 7-11-1996 by Ord. No. 96-36]
B. 
Any bona fide charitable, philanthropic, educational, cultural or other organization or association not for profit may be exempted from the two-day limitation fixed by § 191-4 hereof upon demonstrating to the Township Committee its right to such exemption. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
[Amended 7-11-1996 by Ord. No. 96-36]
A. 
This chapter shall be enforced by the Police Department of the Township of Lacey.
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 activities conducted on the premises during all hours of such garage sale. Any persons responsible for any disturbance of the peace, disorderly conduct or impeding of the flow of pedestrian or vehicular traffic shall be subject to all appropriate and applicable penalties available under state and local law. All goods offered for sale shall be removed from public view within 48 hours after the completion of the garage sale. All such persons shall obey the reasonable orders of any member of the Police Department of the Township of Lacey in order to maintain the public health, safety and welfare.
[Amended 7-11-1996 by Ord. No. 96-36]
[Amended 7-11-1996 by Ord. No. 96-36]
Any person, firm, association or corporation convicted of violating any provision of this chapter or any amendment or supplement thereto shall be subject to a fine not exceeding $1,000, imprisonment in the Ocean County Jail for a term not exceeding 90 days and/or a period of community service not exceeding 90 days, at the discretion of the Municipal Judge having jurisdiction in the matter.