[HISTORY: 1988 Code §§ 151-1—151-6 adopted as amended through December 31, 2013 and further amended by Ord. No. 10-2016. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FLEA MARKET SALE
- Includes all sales of tangible personal property which are advertised by any means whereby the public at large is or can be made aware of said sales and which are not sponsored by a homeowner and do not take place on the premises of said homeowner.
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage 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 and which is sponsored by a homeowner and takes place on the premises of said homeowner.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
- Includes Friday, Saturday and Sunday.[New]
It shall be unlawful for any person to conduct a garage sale or flea market sale in the Township of Wayne without first applying for a permit with Construction Official. Each permit so issued must be properly displayed on the premises upon which the garage or flea market sale is conducted. Unless such sale is held within 2 months of the date of the permit, such permit shall expire by limitation; provided, however, that each garage or flea market sale is limited to a period of 2 consecutive weekends. Each owner-applicant may apply for said permit not more than twice each calendar year, and no location shall receive more than 2 permits for an open-air flea market per calendar year. Charitable, religious and other nonprofit organizations may conduct a maximum of 12 flea markets per year, provided that sufficient off-street parking is available.
Annually, the Township shall allow one town-wide garage sale, to be held the last two weekends in April. Participants in this town-wide garage sale are exempt from the permit requirements and fees as set forth in Sections 151-2A and C. All other requirements as set forth in this Chapter apply to participation in the town-wide garage sale.
[Ord. No. 10-2016]
The fee for all flea market permits shall be as provided in Chapter 75, Fees, per day. This sum shall be paid by the organizer of said flea market.
[Ord. No. 10-2016]
In cases where charitable or religious or civic organizations have applied for permits, the Municipal Township is empowered to waive said permit fee. If the fee is under $50 the township Clerk may waive the fee.
[New; Ord. No. 10-2016]
All applicants subject to the provisions of this chapter shall be required to prudently operate and conduct said activities so as to minimize noise, debris, dust, etc. Said applicants shall be required to have available and use containers for the storage of garbage, rubbish and refuse accumulating on said premises. Said applicants are required to clean or have cleaned all areas upon which their activity has been conducted or areas affected thereby. In the event the activity is held on Township property it shall be required to post a cash bond in the amount of $1,000 or sufficient security acceptable to the Township Attorney in lieu thereof for the purpose of assuring the faithful cleanup operations as hereinabove set forth. The applicant applying for said permit or the persons in actual control of the activity or the agent thereof shall be responsible for cleaning up the above-referenced area between the closing hour of the first day of operation and the opening hour of the next day and within 24 hours after termination of the activity, and failure to do so will result in a notice of violation and/or cause an automatic forfeiture of the bond placed on deposit or any part thereof necessary to enable the Township to effectuate a prompt cleanup.
All garage and flea market sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
All persons are prohibited from erecting signs which would be in violation of the Zoning Regulations of the Township of Wayne.
All signs that are erected in accordance with the Zoning Regulation of the Township of Wayne shall be removed within 24 hours after the completion of the sale.
No person shall affix by tacking, pasting or otherwise mounting upon utility poles, light standards or right-of-way or trees a sign that is used in conjunction with the sale.
This chapter shall be enforced by the Construction Code Official.