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.
[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.
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.
[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.
[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.