[HISTORY: Adopted by the Township Committee of the Township of Middle 7-1-1976 by Ord. No. 314-76. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 89.
Recycling — See Ch. 158, Art. II.
Noise — See Ch. 179.
Property maintenance Code — See Ch. 193, Art. III.
Transient merchants and child-safe vendors — See Ch. 231.
The following words and phrases, as used in this chapter, shall have the following meanings and definitions:
GOODS
Includes any goods or other property capable of being the object of a sale regulated hereunder.
OCCUPANT/PERSON
Owner or lessee of the premises, including individuals, families, partnerships, voluntary associations and corporations.
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling house or other structure.
YARD SALE
Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or "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 can be made aware of said sale.
[Amended 7-19-1979 by Ord. No. 373-79; 9-6-1994 by Ord. No. 907-94]
A yard sale may be conducted from private premises only, and goods may be displayed and sold out of doors only in compliance with the provisions of this chapter.
[Amended 4-5-1990 by Ord.No. 720-90; 9-15-1997 by ord. No. 989-97; 5-3-2010 by Ord. No. 1351-10]
It shall be unlawful for any person to conduct any yard sale in the Township of Middle without first filing with the Code Enforcement Officer the information hereinafter specified and obtaining from such Officer a license so to do to be known as a "yard sale license." Such filing shall be made at least one day prior to the requested sale date. The fee for such license shall be and is hereby fixed at $10.
A. 
Such license shall not be issued to any one person or for any one location more than twice within a one-year period; provided, however, that no license shall be issued to any person or any location for a sale to be conducted within 30 days of the date of any other sale held by that person or at that location. No license shall be issued for more than two consecutive calendar days. Charitable or religious or civic organizations may be allowed more than two licenses within said one-year period with the approval of the Township Committee, and no license fee shall be required.
[Amended 8-5-1976 by Ord. No. 317-76]
B. 
Each license must be prominently displayed on the premises and visible from the street upon which the yard sale is conducted throughout the entire period of the licensed sale.
[Amended 4-5-1990 by Ord.No. 720-90]
The information to be filed with the Code Enforcement Officer pursuant to this chapter shall be as follows:
A. 
The name of the person, firm, group, corporation, association or organization conducting said sale.
B. 
The name of the owner of the property on which said sale is to be conducted and the consent of the owner, if the applicant is other than the owner.
C. 
The location at which the sale is to be conducted.
D. 
The number of days of the sale, not to exceed two days.
E. 
The date and nature of any past sale.
F. 
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
G. 
Whether or not the applicant has been issued any other vendor's or mercantile license by any local, state or federal agency.
H. 
The sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
A. 
All yard sales shall be conducted between the hours of 9:00 a.m. and 7:00 p.m. only, during the months of June, July and August, and between the hours of 9:00 a.m. and 6:00 p.m. only, during all other months.
B. 
In the case of any sale held upon or adjoining commercial premises, the sale may continue during the hours that the commercial premises is normally open for business.
[Added 7-19-1979 by Ord. No. 373-79]
No sign for advertising or directing customers shall be posted on any place other than the premises of the applicant. One sign shall be permitted. Said sign shall not exceed three feet by three feet in size and shall not be placed on the premises earlier than one week prior to the sale and must be removed immediately upon the termination of the sale.
A. 
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 maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the Township of Middle in order to maintain the public health, safety and welfare.
B. 
All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Township Committee of the Township of Middle and shall be subject to inspection at all times by the Code Enforcement Officer, Building Inspector, Chief of Police and Fire Chief or any of their agents or any other duly authorized representative of the Township of Middle.
[Amended 4-5-1990 by Ord.No. 720-90]
C. 
The display of goods, signs or fixtures in connection with the sale shall not be permitted to result in a reduction of the width of the usual pedestrian passageway to less than five feet.
[Added 7-19-1979 by Ord. No. 373-79]
A. 
It shall be unlawful for any person to offer for sale mattresses, bed springs, cots, lounges and sofas in any yard sale authorized under this chapter without first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of said mattresses, bed springs, cots, lounges and sofas.
B. 
No refrigerator or icebox having a capacity of 1 1/2 cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device, shall be displayed, offered for sale or sold at a yard sale unless the attached lid or door shall first be removed and detached therefrom.
[Amended 7-19-1979 by Ord. No. 373-79]
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Persons 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.
D. 
Persons selling where the sale is covered by a valid auction license issued by the Township of Middle.[1]
[1]
Editor's Note: See Ch. 89, Auctions.
[Amended 4-5-1990 by Ord.No. 720-90]
This chapter shall be enforced by the Code Enforcement Officer and the Police Department. It shall be the duty of the Code Enforcement Officer and the Police Department to investigate any violation of this chapter coming to their attention, whether by complaint or arising from personal knowledge; and if the violation is found to exist, a complaint shall be filed in the Municipal Court of the Township of Middle pursuant to the provisions of this chapter. It shall be the duty of the Police Department of the Township of Middle to bring to the attention of the Code Enforcement Officer for further investigation any violations of this chapter of which the Police Department becomes aware during the course of its normal duties.
[Amended 9-15-1997 by Ord. No. 989-97]
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor shall, upon discovery by the Code Enforcement Officer, at the site and time of the sale, pay $25 for the yard sale license. Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms shall, upon conviction, be fined not less than $50, nor more than $500 or imprisoned for a period not to exceed 10 days for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.