Chapter 54. Garage Sales

Chapter 54 GARAGE SALES

§ 54-1. Definitions.

§ 54-2. License required.

§ 54-3. Issuance of license; display on premises.

§ 54-4. Information to be filed.

§ 54-5. Alternate dates.

§ 54-6. Conduct of sale.

§ 54-7. Hours of sale.

§ 54-8. Signs; maintenance of property; location; conduct at sale.

§ 54-9. Prohibited sales.

§ 54-10. Certain persons and sales excepted.

§ 54-11. Enforcement.

§ 54-12. Violations and penalties.

§ 54-13. When effective.

§ 54-14. Severability.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 4-22-77 as Ord. No. 0-77-12; 8-24-87 by Ord. 0-87-27. Amendments noted where applicable.]

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 54-1. Definitions.

As used in this ordinance, the following terms shall have the meanings indicated:

GARAGE SALE - Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "auction sale," or "yard sale" or any similar casual sale of used tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale. [Amended 5-27-77 by Ord. No. 0-77-14 Amended 8-24-87 by Ord, 0-87-27.]]

GOODS - Includes any used goods, used warehouse merchandise or other used property capable of being the object of a sale regulated hereunder and which is owned by the licensee or consigned to him.[Amended 8-24-87 by Ord. No. 0-87-27]

OCCUPANT - The owner or lessee of the premises.

PERSON - Includes individuals, partnerships, voluntary association and corporations.

PREMISES - the place or property upon which said sales shall take place.[Added 8-24-87 by Ord. 0-87-27]

§ 54-2. License required.

It shall be unlawful for any person to conduct a garage sale in The Township of Gloucester without first filing with the Township Clerk the information hereinafter specified and obtaining a license to do so, to be known as a "garage sale" license.

§ 54-3. Issuance of license; display on premises.

A. A license to conduct a garage sale shall be issued to any one (1) person or for any one premises no more than four (4) days within a twelve-month period. [Amended 5-27-77 by Ord No. 0-77-14; 8-24-87 by Ord. 0-87-27]]

B. There shall be no fee for the issuance of a garage sale license. [Amended 5-27-77 by Ord. 0-77-14]

C. The Township Clerk may refuse to issue a garage sale license or may revoke the same for the following causes:

1. Misrepresentation in the application.

2. Misrepresentation to the public.

3. Any violation of this ordinance.

4. Conducting a sale in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a nuisance or menace to the public health, safety, morals or general welfare.

5. Failure to provide the information requested or to pay the required fee.

D. Each license issued under this ordinance 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.

§ 54-4. Information to be filed.

The information to be filed with the Township Clerk pursuant to this ordinance shall be as follows:

A. Name of person, firm, group, corporation, association or organization conducting said sale.

B. Name of the owner or lessee of the property on which said sale is to be conducted.

C. Location at which sale is to be conducted.

D. Number of days of sale.

E. Date and nature of any past sale.

F. Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.

§ 54-5. Alternate dates.

In the event of inclement weather, all persons issued licenses for a particular date or dates pursuant to this ordinance shall be permitted to utilize their licenses on an alternate date. Such alternate dates must be supplied to the Township Clerk at least five (5) days prior thereto.

§ 54-6. Conduct of sale.

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 such sale or activity. No such persons 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 Department or Fire Department of the Township of Gloucester 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 Council 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 Gloucester.

§ 54-7. Hours of sale.

All garage sales shall be conducted between the hours of 9:00am and 6:00pm only.

§ 54-8. Sign; maintenance of property; location; conduct at sale.

A. 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, 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.

B. Upon termination of the garage sale, and within twenty-four (24) hours thereafter, the licensee shall clean up and remove all debris, trash or unsold items from the site and surrounding area of the location at which such sale was conducted and shall remove any and all display shelves, stands, tables, boxes or other paraphernalia utilized in conducting said sale.

C. No garage sale shall be located in such manner or conducted in such manner as to block, obstruct or encroach upon any road, street, right-of-way or sidewalk or otherwise impede or impair vehicular or pedestrian traffic, or to create a nuisance.

§ 54-9. Prohibited sales.

It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this ordinance without 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.

§ 54-10. Certain persons and sales excepted.

The provisions of this ordinance shall not apply to or affect the Following persons or sales:

A. 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 Gloucester 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 ordinances.

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 times do not exceed five (5) five in number.

D. 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.

§ 54-11. Enforcement.

This ordinance shall be enforced by the Township Clerk. It shall be the duty of the Township Clerk to investigate any violations of this ordinance coming to her attention, whether by complaint or arising from her own personal knowledge, and, if a violation is found to exist, she shall prosecute a complaint before the local Municipal Court, pursuant to the provisions of this ordinance. It shall be the duty of the Police Department of the Township of Gloucester to bring to the attention of the Township Clerk, for further investigation, any violations of this ordinance of which the Police Department becomes aware during the course of its normal duties.

§ 54-12. Violations and penalties.

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 ordinance shall, upon conviction, be fined not less than twenty-five dollars ($25.) nor more than one hundred dollars ($100.) for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.

§ 54-13. When effective.

This ordinance shall take effect immediately upon its final passage and publication as provided by law.

§ 54-14. Severability.

If any section, paragraph, subsection, clause or provision of this ordinance shall be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of this ordinance as a whole or any other part thereof.