[HISTORY: Adopted by the Township Council
of the Township of Galloway 2-8-2005 by Ord. No. 1598. Amendments noted where
applicable.]
GENERAL REFERENCES
Licensing — See Ch. 241.
A.
The intrusion of nonregulated yard sales is causing
annoyance to citizens in residential areas and residential premises
in the Township of Galloway and congestion of the streets in residential
zones in the Township of Galloway.
B.
The provisions contained in this chapter are intended
to prohibit the conducting of a business in any zoned residential
areas or residential premises by regulating the terms and frequency
of yard sales so as not to disturb or disrupt the residential environment
of the area.
For the purpose of this chapter, the terms used
herein are defined as follows:
Includes any goods, merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
A lot on which a building is located which has a certificate
of occupancy for a residential occupancy classification only as the
same is defined by the New Jersey BOCA Code.
Includes all sales known as "garage sales," "lawn sales,"
"attic sales," "rummage sales" or any similar casual sales of tangible
personal property which are advertised by any means whereby the public
at large is or can be made aware of said sale.
[Amended 7-27-2010 by Ord. No. 1821]
It shall be unlawful for any person to conduct
a yard sale in the Township of Galloway unless said person is a resident
to the Township or has a place of business located within the Township
and has first filed with the Township Clerk the information herein
specified and thereafter obtained from such Clerk a license so to
do, to be known as a "yard sale license." Such license shall be and
the same is hereby fixed at $3 per calendar day. No fee shall be charged
to fire departments and religious institutions for a yard sale license.
[Amended 7-27-2010 by Ord. No. 1821]
A.
Such license
shall be issued to any one person and/or address to no more that four
per year and no single license for more than four consecutive calendar
days.
B.
Fire departments
and religious institutions shall be allowed eight licenses per year.
These organizations may be allowed more than eight licenses per year
with the approval of the Township Council.
C.
Each license
issued under this chapter must be prominently displayed on the premises
upon which the yard sale is conducted throughout the entire period
of the licensed sale.
The information to be filed with the Township
Clerk pursuant to this chapter shall be as follows:
A.
Name of person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of the owner of the property on which said sale
is to be conducted and consent of the owner if applicant is other
than the owner. The applicant must reside on the premises.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sales.
F.
Relationship or connection the applicant may have
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 applicant has been issued any other
mercantile 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.
All yard sales shall be conducted between the
hours of 9:00 a.m. and 6:00 p.m. only.
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 or 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
of Galloway 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 revised ordinances.
F.
Any bona fide charitable, eleemosynary, educational,
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.
A.
This chapter shall be enforced by the Code Enforcement
Officer. It shall be the duty of the Code Enforcement Officer to investigate
any violations of this chapter 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 chapter. It shall
be the duty of the Police Department of the Township of Galloway 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.
B.
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. No such person shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on any roads or streets in the area of such premises. All
such persons shall obey the reasonable orders of any member of the
Police or Fire Departments of the Township of Galloway in order to
maintain the public health, safety and welfare.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Any person as defined herein conducting any
such sale or similar activity without being properly licensed therefor
or who shall violate any of the other terms and regulations of this
chapter shall, upon conviction in the Galloway Township Municipal
Court, be subject to a fine of not more than $2,000, imprisonment
for not more than 90 days and/or a period of community service for
not more than 90 days. Each date as such sale shall continue without
being duly licensed shall be considered a separate violation.
