The purpose of this article is to regulate the
standards and manner in which garage sales are conducted within the
City of Millville to ensure the protection of the public health, safety
and welfare. Furthermore, this article is designed to generally improve
the overall clean appearance of the City and to preserve aesthetics
and property values.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
The sale of tangible personal property owned by any resident
of the property where the sale is located. It shall not include personal
property owned by others specifically brought on the premises for
sale or resale.
All sales entitled attic sale, garage sale, lawn sale, rummage
sale or yard sale, and shall include 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 the sale.
Any goods, merchandise or tangible personal property capable
of being the object of a sale.
Any charitable, cultural, educational and eleemosynary organization
which has qualified as a nonprofit organization under section 501
of the Internal Revenue Code.
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
It shall be unlawful for any person to conduct
a garage sale within the City unless licensed to do so pursuant to
this article.
A.
The license required shall be known as a garage sale
license and shall be issued by the City Clerk after payment of the
required fee and compliance with these regulations.
B.
Only four such licenses shall be issued to any one
person and for any one location within the calendar year, and no such
license shall be issued for more than two consecutive calendar days
at a time.
C.
The license issued shall be prominently displayed
on the premises where the garage sale is conducted throughout the
entire period of the licensed sale.
D.
The fee for each license issued during the calendar
year shall be $5.
The application for a garage sale license shall
be made in writing and filed with the City Clerk. Each application
shall contain the following information:
A.
The name and address of the person conducting the
sale who shall be the applicant for the license.
B.
The location where the sale will be conducted.
C.
The name and address of the property owner, resident
owner, or resident tenant where the sale will be conducted if different
from the applicant for the license.
D.
The relationship, if any, between the applicant for
the license and the property owner, resident owner or resident tenant
where the sale will be conducted.
E.
The number of days for the sale.
F.
The dates of all past sales conducted during the calendar
year by the applicant, and at the location of the proposed sale.
A.
Any person selling or advertising for sale five items of personal property or less which are specifically described in the advertisement is exempt from the licensing requirements of this article but not § 33-56.
B.
A bona fide nonprofit organization and governmental
institution is exempt from the payment of the license fee, and from
the restriction on the number of garage sales it may conduct during
the calendar year.
C.
Senior citizens and persons totally and permanently
disabled are exempt from the payment of the license fee, but shall
otherwise comply with these regulations.
A.
Hours. All garage sales shall be conducted between
the hours of 8:00 a.m. and 8:00 p.m.
B.
Responsibility. The licensee and the resident owner
or resident tenant of the premises where the sale is conducted shall
be jointly and severally responsible for the maintenance of good order
on the premises during the hours of the sale. No person shall allow
loud or boisterous conduct on the premises. No person shall permit
motor vehicles to impede the free flow of traffic on the street adjacent
to the location where the sale is conducted.
C.
Signs. No sign shall be attached to or painted on
benches, bridges, curbs, fences, hydrants, lamps, rocks, sidewalks,
street signs, trees, or utility poles. No sign shall be placed on
public property within the City including property owned or leased
by the City of Millville, County of Cumberland or State of New Jersey.
No sign shall be placed on private property owned by another person
without the owner's consent. Signs which are legally placed on private
property shall be removed immediately after the sale is over. Signs
which are posted in violation of this article shall be presumed to
have been put there by the licensee and the resident owner or resident
tenant of the premises where the sale was conducted, and all such
persons shall be jointly and severally responsible.
