An Ordinance establishing terms and conditions for yard sales in the Borough was introduced and passed on first reading at the October 22, 2020 regular meeting of Bellmawr Mayor and Council.
The Ordinance will be further considered for final passage after a public hearing thereon, at a regular meeting of Borough Council on November 23, 2020 at 7:00 p.m.
Ordinance #10:19-20 Borough of Bellmawr An Ordinance Establishing Terms and conditions for All Garage Sales Within the Borough f Bellmawr, County of Camden, and State of New Jersey:
WHEREAS, Mayor and Borough Council believe it to be in the best interest of the health, safety and welfare of the residents of the Borough of Bellmawr to enact certain regulations effecting all garage sales held within the jurisdictional boundaries of the Borough pf Bellmawr.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Bellmawr, County of Camden and State of New Jersey as follows:
SECTION 1: Chapter 237 of the Code of the Borough of Bellmawr is hereby created and established and shall be known as the “Garage Sales”, as follows:
Chapter 237. Garage Sales
§ 237-1. License required. It shall be unlawful for any person to conduct a garage sale in the Borough of Bellmawr without having first obtained a license to do so, to be known as a “garage sale license,” from the Borough Clerk of the Borough of Bellmawr.
§ 237-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: GARAGE SALE Includes all sales known as “garage sales,” “lawn sales,” “attic sales,” “rummage sales” or “flea market sales” and any similar casual sales of tangible personal property which is or are advertised by any means whereby the public at large is or can be made aware of said sale. PERSON Any person or persons, firm, association, partnership, club or corporation.
§ 237-3. Application for license.
A. An application for a license to conduct a garage sale shall be filed with the Borough Clerk on forms to be furnished by the Borough, which forms shall include the following information: (1) The name and address of the person conducting said sale. (2) The name and address of the owner of the property on which said sale is to be conducted, together with the written consent of such owner if the applicant is other than the owner. (3) The location at which the sale is to be conducted. (4) The date said sale is to take place. (5) The date and nature of any past sale conducted by the applicant within the Borough of Bellmawr.
B. Application for such license shall be made not less than two weeks prior to the date of the sale to be conducted pursuant to the license applied for.
§ 237-4. License fee. The fee to be paid for the license to be issued hereunder shall be $3.
§ 237-5. License restrictions. A. No license may be issued to any person more than two times in any one year. No license shall be issued for any location within the Borough of Bellmawr more than two times in one year.
There shall be a minimum of 30 days between the issuance of licenses to any one individual. B. The license to be issued hereunder shall authorize the holding of a garage sale for not more than two consecutive days.
§ 237-6. Regulations governing sales.
A. Garage sales shall not commence before 10:00 a.m. and must be terminated by sundown.
B. Garage sales shall offer for sale only used items of personal property owned by the person conducting the garage sale or by the owner of the property upon which the sale is conducted. No new merchandise shall be offered for sale.
C. No advertising of garage sales shall be permitted, except that a sign not greater in size than three feet by four feet may be placed on the property where the sale is to be conducted. Such sign shall be posted not earlier than seven days prior to the day the sale is to be conducted and shall be removed not later than 48 hours after the sale is conducted. No sign shall be placed on any public right-of-way.
D. The license issued hereunder shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
§ 237-7. Exemptions. The provisions of this chapter shall not apply to or affect the following persons or sales:
A. Persons selling goods pursuant to any order of any court of competent jurisdiction.
B. Any sale conducted by a merchant or other business establishment from or at a place of business where sales are permitted by the Zoning Ordinance of the Borough of Bellmawr or permitted as a nonconforming use.
C. Any bona fide religious, educational or charitable institution or organization or governmental agency.
D. Any casual sale conducted within a building or structure and consisting of not more than five separate items.
§ 237-8. Responsibilities of persons conducting sales.
A. The person to whom a license is issued and the owner and/or tenant of the premises on which a garage sale is conducted shall be jointly and severally responsible for the maintenance of good order on the premises during the hours in which a garage sale is conducted.
B. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any streets in the vicinity of such premises.
C. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the Borough of Bellmawr in order to maintain the public health, safety and welfare.
D. All licensed premises shall be subject to such reasonable rules as may be made from time to time by the governing body of the Borough of Bellmawr and shall be subject to inspection by the Building Inspector, Chief of Police and Fire Chief or any of their agents or duly authorized representatives of the Borough of Bellmawr.
§176-9. Effect on zoning regulations. Nothing contained in this chapter shall be deemed to alter in any manner any provision of any Zoning Ordinance of the Borough of Bellmawr, its amendments or supplements.
§237-10. Violations and penalties. Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $100.
All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.
SECTION 3: If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this Ordinance.
SECTION 4: This Ordinance shall take effect immediately upon final passage and publication in accordance with law.
Updated 11/7/2020 at 8:00 p.m.