[HISTORY: Adopted by the Township Committee of the Township of Franklin
10-6-1975 as Ord. No. O-9-75. Amendments noted where applicable.]
GENERAL REFERENCES
Used merchandise sales — See Ch. 368.
The following words and phrases, as used in this chapter, shall have
the following meanings and definitions:
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.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
The owner or lessee of the premises, and includes individuals, partnerships,
voluntary associations and corporations.
Any dwelling house, building or other structure designed or used
either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging
or appurtenant to such dwelling, house or other structure.
The sale, barter, exchange or display of any new or used furniture,
sporting goods, fixtures, vehicles, equipment, food, clothing, metal, glass,
paper, rubber, synthetics, household goods or rummage conducted upon private
premises and/or conducted by a person employed for said purposes, whether
compensated or not.
No private sale or private auction shall be conducted within the Township
of Franklin except in conformance with the provisions of this chapter.
It shall be unlawful for any person to conduct any private sale or auction
in the Township of Franklin 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 "private sales and auction license." Such filing
shall be made at least one week prior to the requested sale date. The fee
for such license shall be and the same is hereby fixed at $2.
A.
Such license shall be issued to any one person only once
within a six-month period and not more than one permit shall be issued for
any one location within a six-month period. No such license shall be issued
for more than two consecutive calendar days. Charitable and religious and
civic organizations may be allowed more than one license with the approval
of the Township Committee.
B.
Each license 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 Township Clerk pursuant to this
chapter shall be as follows:
A.
Name of the 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 the sale is to be conducted.
D.
Number of days of the sale.
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.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known by him to be
so.
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 feet by two feet in size and 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.
The person to whom such license is issued and the owner or tenant of
the premises on which such 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 person shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the reasonable orders of any member
of the Police or Fire Department of the Township of Franklin 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 Township Committee of the Township of Franklin and shall be subject
to inspection at all times by the Township Clerk, Chief of Police and Fire
Chief or any of their agents or any other duly authorized representative of
the Township of Franklin.
A.
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 said mattresses, bedsprings, cots, lounges and sofas.
B.
No refrigerator or icebox having a capacity of 1 1/2
cubic feet or more, with an attached lid or door which may be opened and fastened
shut by means of an attached latch, lock or other similar device, shall be
displayed, offered for sale or sold at a private sale or private auction unless
the attached lid or door shall first be removed and detached therefrom.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Persons selling 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 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 Franklin 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.
This chapter shall be enforced by the Township Clerk. It shall be the
duty of the Township Clerk 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 Township of Franklin to bring
to the attention of the Township Clerk for further investigation any violations
of this chapter of which the Police Department becomes aware during the course
of its normal duties.
Any person, association or corporation conducting any such sale or similar
activity without being properly licensed therefor or who or which shall violate
any of the other terms 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.
