[HISTORY: Derived from Sec. 11-5 of the 1975 Code (Ord. No. 330).
Amendments noted where applicable.]
This chapter shall be known as the "Garage Sale Ordinance of the Borough
of Franklin" and may be referred to as the "ordinance" or "code" in this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
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GARAGE SALE — Includes all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale" or any similar casual sale of goods
which is advertised by any means whereby the public at large is or can be
made aware of the sale.
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GOODS — Includes any tangible personal property capable
of being the object of a sale regulated hereunder and which is owned by the
licensee.
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OCCUPANT — The owner, lessee or tenant residing on the
premises.
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PERSON — Includes individuals, partnerships, voluntary
associations and corporations.
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A.
It shall be unlawful for any person to conduct a garage
sale in the borough without first filing with the Borough Clerk the information
hereinafter specified and obtaining from such Clerk a license to do so, to
be known as a "garage sale license".
B.
A garage sale license shall only be issued to the occupant
of specific premises for the sale of goods owned by the occupant.
A.
A license to conduct a garage sale shall be issued to
the occupant of specific premises no more than two times within a twelve-month
period, and no such license shall be issued for more than three consecutive
calendar days.
B.
Each license issued under this chapter must be prominently
displayed on the premises and visible from the street upon which the garage
sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Borough Clerk, pursuant to this
chapter, shall be as follows:
A.
Name of the occupant conducting the sale.
B.
Name of the owner of the property on which the sale is
to be conducted, if other than occupant.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any sale within the past twelve-month
period.
F.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
In the event of inclement weather, all occupants issued a license for
a particular date or dates pursuant to this chapter shall be permitted to
utilize their license on an alternate date. Such alternate dates must be supplied
to the Borough Clerk at least 10 days prior thereto.
The occupant to whom such license is issued shall be responsible for
the maintenance of good order and decorum on the premises during all hours
of such sale or activity. No such licensee 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. All licensees and person
attending such sale shall obey the reasonable orders of any member of the
Police or Fire Departments of the borough in order to maintain the public
health, safety and welfare. All licensed premises shall at all times be subject
to such reasonable rules as may be made from time to time by the borough and
shall be subject to inspection at all times by the Building Inspector, Chief
of Police and Fire Chief, or any of their agents, or any other duly authorized
representative of the borough.
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
No signs for advertising or directing customers are to be posted on
any place other than the premises of the applicant. The sign is not to exceed
two by two feet in size, cannot be placed on the premises earlier than one
week prior to the sale and must be removed within 24 hours after the sale
has terminated.
It shall be unlawful for any person to offer for sale mattresses, bedsprings,
cots, lounges and sofas in any garage sale authorized under this chapter without
first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18
with respect to the labeling, sterilizing and disinfecting of the mattresses,
bedsprings, cots, lounges and sofas.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
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 borough 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 section.
B.
Person 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.
This chapter shall be enforced by the Building Inspector. It shall be
the duty of the Building Inspector 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 borough to bring to the
attention of the Building Inspector, for further investigation, any violations
of this chapter of which the Police Department becomes aware during the course
of its normal duties.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
