Chapter 5.24 - GARAGE SALES
Sections:
5.24.010 - Definitions
"Garage sales" means and includes all sales entitled "garage sale," "attic sale," "rummage sale" or "flea market sale" or any similar casual sale of tangible personal property which is advertised by a means whereby the public at large is or can be made aware of said sale.
"Goods" is meant to include any goods or other property capable of being the object of a sale regulated hereunder and which is owned by the licensee.
"Occupant" means owner or lessee of the premises.
(Ord. 958 § 1, 1974)
5.24.020 - License required
It is unlawful to conduct a garage sale in the borough without first filing with the borough clerk the information hereinafter specified and obtaining from such clerk a license so to do, to be known as a "garage sale license." The fee for such license is fixed at ten dollars.
(Ord. 958 § 2, 1974)
5.24.030 - Issuance of license—Display requirements.
- Such license shall be issued as to any one premises only once within a twelve-month period and no such license shall be issued for more than two consecutive calendar days.
- Each license issued under this chapter 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.
(Ord. 958 § 3, 1974)
5.24.040 - Information required by clerk.
The information to be filed with the borough clerk pursuant to this chapter shall be as follows:
- Name of person, firm, group, corporation, association or organization conducting said sale.
- Name of owner or lessee of the premises on which said sale is to be conducted.
- Location at which sale is to be conducted.
- Number of days of sale.
- Date and nature of any past sale.
- Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him or her to be so.
(Ord. 958 § 4, 1974)
5.24.050 - 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 or fire departments of the borough 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 borough council and shall be subject to inspection at all times by the building inspector, chief of police and fire chief, or any of their agents or any other duly authorized representative of the borough.
(Ord. 958 § 5, 1974)
5.24.060 - Hours of sale.
All garage sales shall be conducted between the hours of nine a.m. and five p.m. only.
(Ord. 958 § 6, 1974)
5.24.070 - Posting of signs-Place of sale.
- All garage sales shall be conducted between the hours of nine a.m. and five p.m. only.
- Sales, as defined and permitted under this chapter, shall be conducted on the licensed premises only in the dwelling, garage or rear yard.
(Ord. 958 § 7, 1974)
5.24.080 - Regulations for sale items.
It is 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, disinfecting of said mattresses, bedsprings, cots, lounges and sofas.
(Ord. 958 § 8, 1974)
5.24.090 - Persons and sales excepted.
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 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 sale conducted by any merchant of mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the borough, 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 ordinances.
- 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. Such exemption may be permitted by resolution of the borough council after application by any of the aforementioned types of organizations.
(Ord. 958 § 9, 1974)
5.24.100 - Enforcement.
This chapter shall be enforced by the building inspector. It shall be the duty of the building inspector to investigate any violations of this chapter coming to his/her attention, whether by complaint or arising from his/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 chapter. It shall be the duty of the police department to bring to the attention of the building inspector for further investigation, any violation of this chapter of which the police department becomes aware during the course of its normal duties.
(Ord. 958 § 10, 1974)
5.24.110 - Violation—Penalty.
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 chapter shall upon conviction be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned for a period not to exceed ten days for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
(Ord. 958 § 11, 1974)