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.
[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.