[HISTORY: Adopted by the Township Committee of the Township of Mantua 12-30-1975 (Ch. 148 of the 1978 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes individuals, partnerships, voluntary associations and corporations.
- YARD SALE
- 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."
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.
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.
A yard sale permit shall not be issued for more than three consecutive calendar days.
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:
Name of person conducting the sale.
Written consent of the owner if the applicant is a tenant in possession of the property on which the sale is to be conducted.
Location at which the sale is to be conducted.
Number of days of the sale.
Date and nature of any past sale.
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.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
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:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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]
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.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.