[Adopted 12-18-1973 by Ord. No. G-29-73(Ch.
VII, Sec. 7-17, of the 1971 Code)]
For the purposes of this Article, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "porch sale,"
"yard sale," "rummage sale," "basement 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 such sale.
Includes any new or used goods or personal property capable of being
the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations, corporations
or any other entity except governmental agencies.
[Amended 3-5-1974 by Ord. No. G-33-74; 6-4-1975
by Ord. No. G-61-75; 8-21-1979 by Ord.
No. G-161-79; 6-21-1983 by Ord. No. G-228-83]
A.
It shall be unlawful for any person to conduct a garage
sale in the Township of Hillside without first filing with the Construction
Official the information hereinafter specified and obtaining from such Construction
Official a license so to do, to be known as "garage sales license." The fee
for such license shall be and the same is hereby fixed at $5. There shall
be a twenty-four-hour waiting period from the time of submission of the application
to the time of issuance of the license.
B.
Only three such licenses shall be issued to any one person
or family occupying the same premises during any one calendar year, and no
such license shall be issued for more than three consecutive days. The Construction
Official shall in the event of rain on any of the three days, at the request
of the applicant, grant additional days for a garage sale, which additional
days shall not exceed two. No second or third license shall be issued within
the period beginning on the date of the last day of the garage sale and thence
running 60 days therefrom.
C.
Each license issued under this Article must be prominently
displayed on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
[Amended 3-5-1974 by Ord. No. G-33-74; 8-21-1979
by Ord. No. G-161-79]
The information to be filed with the Construction Official, pursuant
to this Article, shall be as follows:
A.
Name of person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of owner of the property on which said sale is to
be conducted, and consent of owner if applicant is other than owner.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sale.
F.
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 license by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
[Amended 8-21-1979 by Ord. No. G-161-79]
It shall be the duty of the Construction Official to notify the Police
Department of the issuance of a garage sale license as herein defined.
[Amended 3-5-1974 by Ord. No. G-33-74]
All garage sales shall be conducted between the hours of 9:00 a.m. and
8:00 p.m. only.
The provisions of this Article shall not apply to or affect the following
persons, parties or sales:
A.
Persons selling goods 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.
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 $25.
[Amended 3-5-1974 by Ord. No. G-33-74]
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without knowledge
that the provisions of this Article have not been complied with.
E.
Any sale regulated under any other provisions of the
Code of the Township of Hillside.
F.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Article II, Zoning, of Chapter 188, Land Use, of the Code of the Township of Hillside or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in the Code of the Township of Hillside.
G.
Any bona fide charitable, eleemosynary, educational,
religious, cultural or governmental institution or organization; provided,
however, that the burden of establishing the exemption under this subsection
shall be on the organization or institution claiming such exemption.
This Article shall be enforced by the Construction Official. It shall
be the duty of the Construction Official to investigate any violations of
this Article coming to his attention, whether by complaint or arising from
his own personal knowledge, and if a violation is found to exist, he shall
prosecute a complaint before the local Municipal Court pursuant to the provisions
of this Article. It shall be the duty of the Police Department of the Township
of Hillside to bring to the attention of the Construction Official for further
investigation any violations of this Article of which the Police Department
becomes aware during the course of its normal duties.
Any person, firm or corporation who shall violate any of
the provisions of this Article shall, upon conviction, be punishable by a
fine not exceeding $1,000; imprisonment for a term not exceeding 90 days;
and/or a period of community service not exceeding 90 days.
