As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALE
Includes 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 said sale.
GOODS
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
[Amended 10-11-1983]
It shall be unlawful for any person to conduct a garage sale in the
Township of Pohatcong without first filing with the Township Clerk the information
hereinafter specified and obtaining from such Township Clerk a license so
to do, to be known as a "garage sale license." The fee for such license shall
be and the same is hereby fixed at $5.
The information to be filed with the Township Clerk pursuant to this
chapter shall be as follows:
A. Name of persons, 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 the applicant is other than
the owner.
C. Location at which sale is to be conducted.
E. Date and nature of any past sale.
F. Relationship or connection the applicant may have had
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 the applicant has been issued any other
vendor's 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 garage 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 of 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 Pohatcong 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.
Any person, association or corporation 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,
be fined not less than $25 nor more than $100 or be imprisoned for a period
not to exceed 10 days for each violation. Each day that such sale shall continue
without being duly licensed shall be considered a separate violation.