[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:
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.
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.
[Ord. No. 53-2014]
A.
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.
B.
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]
D.
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]
E.
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.
[Ord. No. 53-2014; Ord. No. 10-2016]
[Ord. No. 53-2014]
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.
A.
All persons are prohibited from erecting signs which would be in
violation of the Zoning Regulations of the Township of Wayne.
B.
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.
C.
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.
