[HISTORY: Adopted by the Township Committee of the Township of Mantua 12-30-1975 (Ch. 148 of the 1978 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Temporary yard or garage sale signs — See Ch. 230, § 230-30D(7).
As used in this chapter, the following terms
shall have the meanings indicated:
Includes individuals, partnerships, voluntary associations
and corporations.
Any sale of used merchandise not conducted as part of a continuing
business venture, or any 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. The term "yard sale" shall include
all sales entitled "yard sale," "lawn sale," "attic sale," "rummage
sale," "garage sale" or "flea market sale."
A.
No person shall conduct a yard sale within the Township of Mantua without first filing with the Township Clerk the information required by § 411-3 hereof and obtaining a yard sale permit from said Township Clerk.
B.
A yard sale permit shall be issued without fees to
any applicant who complies with the terms and conditions of this chapter,
except that such shall not be issued to the same applicant or for
the same property more than twice within any calendar year.
C.
A yard sale permit shall not be issued for more than
three consecutive calendar days.
D.
A yard sale permit must be prominently displayed on
the premises upon which the yard sale is conducted throughout the
entire period of the sale.
The following information must be filed with
the Township Clerk on a form provided therefor before a yard sale
permit may be issued:
A.
Name of person conducting the sale.
B.
Written consent of the owner if the applicant is a
tenant in possession of the property on which the sale is to be conducted.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
Whether the applicant is conducting the sale along
with, for or on behalf of any other person, firm, group, organization,
association or corporation, and, if so, the name of said person, firm,
group, organization, association or corporation and the date or dates
of any past sale held by same.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
A 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 signs advertising a yard sale shall have
a space allotted thereon upon which shall be placed the name and address
of the person to whom the permit has been issued. No signs for advertising
are to be posted on any place other than the premises of the applicant.
The sign is not to exceed four square feet in size, shall not be placed
on the premises earlier than one week prior to the sale and shall
be removed within 24 hours after the sale has terminated.
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 persons 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.
Upon application by any bona fide charitable,
eleemosynary, educational, cultural or governmental institution or
organization, the Township Committee may waive any or all of the requirements
of this chapter; provided, however, that the burden of establishing
eligibility for waiver shall be on the organization or institution
applying for such waiver.
[Amended 4-25-1978; 4-25-1989]
A.
Any person conducting a yard sale without first obtaining
a permit therefor or who shall violate any provision of this chapter
shall, upon conviction thereof, be punishable by one or more of the
following: imprisonment in the county jail or any place provided by
the municipality for the detention of prisoners for a term up to but
not exceeding 90 days or by a fine of not less than $100 and not more
than $2,000 or by a period of community service up to but not exceeding
90 days, or any combination of the above.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
