Borough of Hasbrouck Heights, NJ Chapter 148 Garage Sales

[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights 12-27-1984 by Ord. No. 1298. Amendments noted where applicable.]

GENERAL REFERENCES

Littering — See Ch. 178.

Noise — See Ch. 184.

Peace and good order — See Ch. 198.

Zoning — See Ch. 275.

§ 148-1 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:

GARAGE SALE

Includes all sales entitled "garage sale," "lawn sale," "attic 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. This chapter shall not regulate such sales or similar transactions, including sidewalk sales, conducted within the business, industrial, commercial or other nonresidential zones of the Borough, as the same are defined by the Zoning Ordinance of the Borough of Hasbrouck Heights.

GOODS

Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

HOUSEHOLD

Any families, persons or individuals living and cooking together as a single housekeeping unit or otherwise occupying or utilizing a unit or address within the Borough. For the purposes of this chapter, there may not exist more than one household per unit.

PERSON

Includes individuals, partnerships, voluntary associations and corporations.

§ 148-2 License required; fees; number; display of license.

A. It shall be unlawful for any person to conduct a garage sale in the Borough of Hasbrouck Heights without first filing with the Borough Clerk the information hereinafter specified and obtaining from such Clerk a license to do so, to be known as a "garage sale license."

B. The fee for such license shall be and the same is hereby fixed as set forth in Chapter 133, Fees. The fee for the second license in any twelve-month period shall be as set forth in Chapter 133, Fees.

[Amended 4-11-2000 by Ord. No. 1893]

C. Only two such licenses shall be issued to any one household within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days.

D. Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.

§ 148-3 Application information.

The information to be filed with the Borough Clerk, pursuant to this chapter, shall be as follows:

A. The name of the person, firm, group, corporation, association or organization conducting said sale.

B. The 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. The location at which the sale is to be conducted.

D. The number of days of the sale.

E. The date and nature of any past sale.

F. The 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.

§ 148-4 Hours.

All garage sales conducted in the Borough of Hasbrouck Heights shall be conducted between the hours of 8:00 a.m. and 6:00 p.m. only.

§ 148-5 Location restrictions.

No garage sale conducted in the Borough of Hasbrouck Heights shall be conducted within the front yard of the property in question, except that goods may be exhibited in or on the driveway or garage to the premises. It is the intention of this provision to restrict all garage sales to the driveway, garage, side yard, rear yard and interior of the premises, in order to preserve the character of the residential zones of the Borough.

§ 148-6 Posting of signs prohibited.

No person shall post on any telephone pole, tree, street sign or signpost any advertisement, sign or placard relating to or describing any garage sale within the Borough of Hasbrouck Heights.

§ 148-7 Maintenance of order and decorum.

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 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 Borough of Hasbrouck Heights in order to maintain the public health, safety and welfare.

§ 148-8 Exceptions.

The provisions of this chapter shall not apply to or affect the following persons or sales:

A. 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 10 in number.

B. Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization which receives an exemption, in writing, from any or all of the terms of this chapter from the Mayor and Council of the Borough of Hasbrouck Heights.[1]

[1] Editor’s Note: Former § 148-9, Violations and penalties, as amended, which immediately followed this section, was repealed 2-10-2009 by Ord. No. 2201. See now Ch. 204, Penalties.