[HISTORY: Adopted by the Township Committee of the Township of Carneys Point as indicated in article histories. Amendments noted where applicable.]
Article I (Reserved)
Article II Casual Sales
Editor's Note: Former Art. I, Seasonal and Holiday Sales, adopted 11-9-1983 by Ord. No. 376, as amended, was repealed 10-15-2008 by Ord. No. 818.
[Adopted 4-25-1984 by Ord. No. 381]
As used in this article, the following terms shall have the meanings indicated:
- CASUAL SALES
- Includes all sales entitled "garage sale," "yard sale," "lawn sale," "attic sale," "rummage sale," "flea market," "auction sale" or any similar-type sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of or invited to said sale.
- Any goods, warehouse merchandise or any tangible personal property capable of being the subject matter of a sale which is regulated hereunder.
- Includes individuals, partnerships, associations, corporations or other legal entities.
[Amended 3-7-2012 by Ord. No. 868; 2-19-2014 by Ord. No. 889]
It shall be unlawful for any person to conduct or allow or cause to be conducted a casual sale in the Township of Carneys Point without first obtaining a permit from the Zoning Officer, upon application and supplying the information hereinafter specified. The applicant shall pay a permit fee in the sum of $10 for its issuance. The requirement for payment of a fee shall be waived for all persons who are 65 years or older.
[Amended 12-28-1988 by Ord. No. 448]
No person shall be issued more than four such permits within a calendar year and no permit shall be issued for more than four consecutive calendar days. For the purposes of this subsection, a calendar year shall commence on January 1 and end on December 31.
[Amended 11-12-1997 by Ord. No. 619]
No particular parcel of real property shall be used for the conduct of such casual sale thereon for a more frequent period then in connection with two such permits within a calendar year and, consequently, for not more than eight calendar days. For the purposes of this subsection, a calendar year shall commence on January 31 and end on December 31.
Each permit issued must be prominently displayed on the premises throughout the entire period of sale.
The information required upon the application to secure such a permit shall be as follows:
The name of the person, firm, group, corporation, association or organization for whom said sale is conducted.
The name of the owner of the property on which said sale is to be conducted, and consent of the owner if applicant is other than the owner.
The name of the auctioneer, if any.
The location at which the sale is to be conducted.
The number of days of the sale.
The date and nature of any past sale.
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.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
[Amended 11-12-1997 by Ord. No. 619]
All such casual sales shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. only.
All persons are prohibited from making, causing to be made or erecting signs other than those signs specified by the Township. Signs shall be of uniform size and form, not greater than 24 inches by 24 inches square.
Said signs shall have space allotted thereon to be placed the name and address of the person conducting the sale, and the signs shall be removed within 48 hours after the completion of the sale. Not more than two signs shall be used at any one time.
No signs shall be placed in the public right-of-way or attached to any utility poles.
The provisions of this article 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 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.
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 article have not been complied with.
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 Carneys Point 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 by any other ordinance or statute.
Any bona fide charitable, 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.
[Amended 2-19-2014 by Ord. No. 889]
This article shall be enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to investigate any violations of this article coming to his/her attention, whether by complaint or arising from his or her own personal knowledge, and if a violation is found to exist, he/she shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this article. Its shall be the duty of the Police Department of the Township of Carneys Point to bring to the attention of the Zoning Officer for further investigation any violations of this article of which the Police Department becomes aware during the course of its normal duties.
The person to whom such permit is issued and the owner, occupant 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 or decorum on the premises during all times such sale or activity is conducted. No loud or boisterous conduct shall be permitted nor shall vehicles be permitted to impede the passage of traffic on any roads or streets in the area of such premises. Public health, safety and welfare shall be maintained.
Any individual, firm, partnership, trust, estate, association or corporation who shall violate any provision of the foregoing article shall, upon conviction, be subject to a fine not to exceed $1,000 or a term of imprisonment in the Salem County Jail for a period not to exceed 90 days, or both.