As used in this chapter, the following terms
shall have the meanings indicated:
CASUAL SALES
Includes all sales entitled "garage sales" or "flea market
sales" 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.
GOODS
Includes any goods or other property capable of being the
object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
[Amended 6-9-2011 by Ord. No. 2011-9]
It shall be unlawful for any person to conduct
a casual sale in the Borough of Netcong without first filing with
the licensing official of the Borough the information hereinafter
specified and obtaining from the licensing official a license to be
known as the "casual sale license." The fee for such license shall
be fixed at $5.
[Amended 6-9-2011 by Ord. No. 2011-9]
A. Such license shall be issued to any one person or
location only twice within a twelve-month period, and no such license
shall be for more than two consecutive calendar days. In the case
of a resident about to move from the Borough, one additional license
may be issued, provided that the sale is held within 90 days of the
expected moving date from the Borough.
B. Each license issued under this chapter must be prominently
displayed on the premises upon which the sale is conducted throughout
the entire period of the licensed sale.
All sales shall be conducted between the hours
of 8:00 a.m. and 6:00 p.m. only. The licensing official may refuse
to issue a license for the date or dates of sale applied for by the
applicant and prescribe other dates where the dates of sale applied
for by any applicant would, in the judgment of the licensing official,
create traffic problems because of other sales previously approved
in the vicinity where the applicant intends to conduct the sale.
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 for sale an item
or items of personal property which are specifically named or described
in the advertisement and which such items do not exceed five in number.
D. Any sale conducted by a 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 Borough
of Netcong 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 by the ordinances of the Borough of Netcong.
E. Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however,
that the burden of establishing the exemption under this chapter shall
be on the organization or institution claiming such exemption.
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 or regulations
of this chapter shall, upon conviction, be fined not less than $25
nor more than $100 or be imprisoned for a period not to exceed 10
days for each violation, and a separate violation shall be deemed
committed on each day during or in which a violation occurs or continues.