For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
GARAGE SALE
Any sale called "garage sale," "lawn 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.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
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 persons selling or advertising for sale not more
than five items of personal property which are 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 or mercantile or other business establishment from or at a place of business or wherein such sale would be permitted by Chapter
131, Zoning, of the Code of the Borough of Rutherford 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 any such other ordinance or statute.
It shall be the duty of the Borough of Rutherford Police Department,
the Chief Construction Official and such other employees, officers or agents
which may from time to time be designated by resolution of the Mayor and Council
to enforce the provisions of this chapter. It shall also be the duty of the
enforcing officer to investigate any violation 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 file a complaint before the local
Municipal Court pursuant to provisions of this chapter.
Any person violating the provisions of this chapter shall be liable
to a penalty of not less than $25 nor more than $100 for the first offense,
not less than $100 nor more than $400 for the second and not less than $250
nor more than $1,000 for the third offense and all subsequent offenses.
All ordinances or parts of ordinances inconsistent with any of the provisions
of this chapter and the Code established herein are hereby repealed to the
extent of such inconsistencies.