[HISTORY: Adopted by the Township Council of the Township of Washington
10-26-1995 by Ord. No. 26-1995 as Sec. 5-9 of the 1994 Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Garage sale signs — See Ch. 285, § 285-225C(10).
As used in this chapter, the following terms shall have the meanings
indicated:
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 such sale.
Any goods, warehouse merchandise or other property capable of being
the object of a sale regulated hereunder.
It shall be unlawful for any person to conduct a garage sale in the
Township without first filing with the Township Clerk the information hereinafter
specified and obtaining from the Township Clerk a license, to be known as
a "garage sale license."
The fee for such license shall be as set forth in Chapter 80, Fees.
The application to be filed with the Township Clerk shall contain the
following information:
A.
The name of the person, firm, group, corporation, association
or organization conducting the sale.
B.
The name of the owner of the property on which the sale
is to be conducted, and 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.
E.
The date and nature of any past sale.
F.
The relationship or connection the applicant may have
had with any other person conducting a 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.
Certification that the items to be sold are owned by
the applicant.
I.
A sworn statement or affirmation by the applicant that
the information therein given is full and true and known to the applicant
to be so.
A.
No garage sale license shall be issued to any one person
more than four times within a twelve-month period, and no such license shall
be issued for more than three consecutive calendar days.
B.
Charitable, religious and civic organizations may be
allowed more than four licenses with the approval of the Township Council.
C.
Each license issued under this section must be prominently
displayed and posted on the premises upon which the garage sale is conducted
throughout the entire period of the licensed sale.
No garage sales shall be conducted other than between the hours of 9:00
a.m. and 6:00 p.m.
The provisions of this chapter shall not apply to or affect the following
persons 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 five in number.
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 chapter have not been complied with.
E.
Any sale conducted by any merchant, mercantile or other
business establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Township 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.
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization within the Township;
provided, however, that the burden of establishing the exemption under this
section shall be on the organization or institution claiming such exemption.
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.
B.
No such person shall permit any loud or boisterous conduct
on such premises nor permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises.
C.
All such persons shall obey the reasonable order of any
member of the Police or Fire Department of the Township in order to maintain
the public health, safety and welfare.
This section shall be enforced by the Township Police Department. It
shall be the duty of the Police Department to investigate any violations of
this chapter coming to its attention, whether by complaint or arising from
its own personal knowledge, and if a violation is found to exist, it shall
prosecute a complaint before the Municipal Court.
