Borough of Highland Park, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 730 (§ 4-11 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling, soliciting and canvassing — See Ch. 290.

§ 213-1 Definitions.

As used in this chapter, the following terms shall have the meaning indicated:
GARAGE SALES
Includes all sales entitled as garage sale, lawn sale, attic sale, rummage sale, or flea market. 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 the sale shall also be included.
GOODS
To include any goods, warehouse merchandise or other property capable of being the object of a sale regulated by this chapter.

§ 213-2 Title.

[Added by Ord. No. 1041]
This chapter shall be known as and may be cited as "The Garage Sale Ordinance."

§ 213-3 Permits and fees.

[Amended by Ord. No. 1041; Ord. No. 1164]
A. 
It shall be unlawful for any person 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 to do so, to be known as a "Garage Sale License." The fee for such license shall be fixed at $10.
B. 
A garage sale license may be issued to any one person only twice within a twelve-month period and no such license shall be issued for more than four consecutive calendar days.
C. 
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.
D. 
The information to be filed with the Borough Clerk, pursuant to this chapter, shall be as follows:
(1) 
The name of person, firm, group, corporation, association or organization conducting the sale.
(2) 
Name of owner of the property on which the sale is to be conducted, and consent of owner if applicant is other than owner.
(3) 
Location at which sale is to be conducted.
(4) 
Number of days of sale.
(5) 
Date, nature of any past sale.
(6) 
Relationship or connection 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.
(7) 
Whether or not applicant has been issued any vendor's license by any local, state or federal agency.
(8) 
Sworn statement of affirmation by the person signing that the information therein given is full and true and known to him to be so.

§ 213-4 Hours of sale.

[Amended by Ord. No. 1041]
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.

§ 213-5 Signs.

[Amended by Ord. No. 1041]
A. 
All persons are prohibited from making, causing to be made, or erecting signs other than those signs specified by the Borough. Signs shall be of uniform size and form 12 inches by 12 inches.
B. 
Signs shall have a space allotted thereon upon which shall be placed the name and address of the person running the sale and the signs shall be removed within 48 hours after the completion of the sale.

§ 213-6 Persons and sale excepted.

[Amended 2-7-1989 by Ord. No. 1178]
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Any person selling or advertising the sale of items of personal property, specifically named or described in the advertisement, and which separate items do not exceed five in number.
D. 
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 chapter have not been complied with.
E. 
Any sale conducted by any merchant, manufacturer, business establishment or dealer which sale is permitted by existing Borough land use regulations or which is preexisting thereto and not otherwise prohibited by any other ordinance or statute.
F. 
Any bona fide charitable, eleemosynary, 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.

§ 213-7 Enforcement by Chief of Police.

This chapter shall be enforced by the Chief of Police. It shall be the duty of the Chief of Police to investigate any violations of this chapter coming to his attention, whether by complaint or arising from his personal knowledge, and if a violation is found to exist, he 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 Chief of Police for further investigation any violations of this chapter of which the Police Department becomes aware during the course of its normal duties.

§ 213-8 Responsibilities of licensees and property owners.

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 the premises nor permit vehicles to impede the passage of traffic on any 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.

§ 213-9 Violations and penalties.

Any person conducting any such sale without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall upon conviction, be fined as provided in Chapter 1, General Provisions, Article III, General Penalty.