[HISTORY: Adopted by the Township Committee of the Township of Maplewood 12-3-1974
by Ord. No. 1438 as Section 4-8 of the 1974 Revised General
Ordinances. Section 133-2 amended At time of adoption of Code; see Ch. 1,
General Provisions, Art. III. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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 the sale.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder and which is owned by the
licensee or consigned to him.
Owner or lessee of the premises.
[Amended 3-2-1982 by Ord. No. 1599[1]]
It shall be unlawful for any person to conduct a garage sale in the Township of Maplewood without first filing with the Township Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "garage sales license." The fee for such license shall be and the same is hereby as provided in Chapter 123, Fees.
A.
Such license shall be issued to cover any location not
more than twice within a twelve-month period, and no such license shall be
issued for more than four (4) 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.
[Amended 10-3-1993 by Ord. No. 1925]
The person to whom the license is issued and the owner or tenant of
the premises on which the 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 the sale or activity. No such persons shall permit
any loud or boisterous conduct on the premises or permit vehicles to impede
the passage of traffic on any roads or streets in the area of the premises.
All such persons shall obey the reasonable orders of any member of the Police
or Fire Department of the township in order to maintain the public health,
safety and welfare. All licensed premises shall at all times be subject to
any reasonable rules made by the Township Committee 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 township. No licensee, owner or tenant of the licensed premises shall
charge or receive a fee (whether a specific amount or percentage of sales)
in return for making space available to a vendor for the sale by that vendor
of goods at the licensed premises.
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 (2 x 2) feet in size and cannot be placed on the premises earlier
than one (1) week prior to the sale and must be removed within twenty-four
(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 such mattresses,
bedsprings, cots, lounges and sofas.
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 of
personal property which is specifically named or described in the advertisement,
and which separate items do not exceed five (5) in number.
D.
Any sale conducted by any merchant or mercantile or other
business establishment from or at a place of business where such sale
would be permitted by the zoning regulations of the township[1] 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 this chapter.
E.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization. However, the burden
of establishing the exemption under this subsection shall be on the organization
or institution claiming such exemption.
[Amended 12-19-1978 by Ord. No. 1522]
This chapter shall be enforced by the Building Inspector or the Police
Department. It shall be the duty of the Building Inspector or the Police Department
to investigate any violations of this chapter coming to his or its attention,
whether by complaint or arising from his or its own personal knowledge. If
a violation is found to exist, the Building Inspector or the Police Department
shall prosecute the complaint before the Municipal Court.
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 twenty-five dollars ($25.) nor more than one hundred
dollars ($100.) or be imprisoned for a period not to exceed ten (10) days
for each violation. Each day that such sale shall continue without being duly
licensed shall be considered a separate violation.
