[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 12-26-1979 as Ord. No. 20-0-79. Amendments
noted where applicable.]
GENERAL REFERENCES
Peddlers and solicitors — See Ch. 87.
For the purposes of this chapter, the following
definitions shall apply:
A sale of items of tangible personal property wherein on
one location there are multiple vendors who have paid a fee for the
privilege of occupying the space allotted to each such vendor for
the purpose of displaying and selling items of tangible personal property.
Includes but shall not be limited to lawn sales, attic sales,
rummage sales and 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.
No person, firm or corporation may conduct or
participate in displaying or selling at a flea market, other than
a bona fide charitable, eleemosynary, educational or cultural organization
organized not for profit and being able to establish that it is such
type of nonprofit organization, subject, however, to the following
requirements:
A.
Each organization authorized to conduct or participate
in displaying or selling at a flea market in accordance with this
section shall file an application with the Borough Clerk at least
60 days prior to the date of the commencement of such flea market
sale.
B.
Such application shall set forth the following:
(1)
Name of organization conducting sale.
(2)
Name and address of owner of the property upon which
said flea market sale is to be conducted.
(3)
Written consent of owner if applicant is other than
owner.
(4)
Street address or Tax Map reference of location at
which said flea market sale is to be conducted.
(5)
Number of days.
(6)
Date, if any, of prior sales within three years prior
to date of application.
(7)
Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
(8)
Whether or not sale will be held indoors or outdoors.
(9)
Date or dates of sale.
(10)
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
C.
No fee shall be required of any such organization
or participant for the conducting of any such sale.
D.
No more than two permits to any one such organization
shall be authorized in any one calendar year.
E.
Such flea market sales shall be limited to two consecutive
calendar days and shall be conducted only between the hours of 9:00
a.m. and 5:00 p.m. Permittees shall be allowed a maximum of two rain
days.
F.
The permit for the conducting of such sale must be
prominently displayed upon the premises upon which the sale is conducted
throughout the entire period of the sale.
Any person may conduct a garage sale, as herein
defined, under the following terms and conditions:
A.
An application shall be filed with the Borough Clerk
at least 10 days prior to the date of the commencement of such garage
sale. Such application shall set forth the following information:
(1)
Name of person applying for permit.
(2)
Name and address of the owner of the property on which
said sale is to be conducted.
(3)
Written consent of the owner of the property upon
which the sale is to be conducted if applicant is not the owner.
(4)
Location at which sale is to be conducted, giving
street address.
(5)
Date of sale.
(6)
Date of any past sale within a three-year period preceding
the date of the proposed sale.
(7)
Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
(8)
General description of the type of goods to be sold,
including a written statement as to whether or not any of the merchandise
to be sold was purchased by the applicant for the purpose of resale.
(9)
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
B.
Upon the filing of the aforesaid application and
the same being reviewed by the Borough Clerk and found complete and,
if it is the person's second application within a twelve-month period,
and accompanied by a fee of $5, the Borough Clerk is hereby authorized
to issue a permit for the garage sale applied for, which said permit
shall be subject to compliance with the following restrictions:
[Amended 7-14-1982 by Ord. No. 13-79-82]
(1)
Hours of sale shall be between 9:00 a.m. and 5:00
p.m.
(2)
Such permit shall be issued to any one person or for
any one location only twice within a twelve-month period, and no such
permit shall be issued for more than two consecutive calendar days;
provided, however, that where the sale is to be conducted on a Saturday
and Sunday and the sale shall be postponed because of inclement weather,
the applicant will be permitted to hold the sale on the same day of
the following weekend. Where the sale is being held during the week
and the date is postponed because of in clement weather, the applicant
will be permitted to continue the sale on the next clear day.
(3)
The permit authorized under this chapter must be prominently
displayed on the premises upon which the sale is being conducted.
(4)
All persons are prohibited from making, causing to
be made or erecting any signs to be used in conjunction with any sale
under this chapter other than those signs purchased by the applicant
from the Borough of Wanaque, for an amount equal to the cost of the
signs, upon issuance of a permit, which signs shall be uniform in
size and form, not exceeding 24 inches by 24 inches. The signs shall
have a space allotted thereon upon which shall be placed the name
and address of the person running the sale, together with the applicant's
permit number.
(5)
No sign shall be displayed upon the premises of the
sale nor any directional sign posted more than five days prior to
the proposed sale. Any sign posted in conjunction with a sale shall
be removed from view within 24 hours of the conclusion of the sale.
(6)
Any sale of any item of merchandise at any garage
sale must comply with all appropriate provisions of the law with reference
to any such sales including, but not limited to N.J.S.A. 26:10-1 et
seq. Resale of goods purchased by the applicant for the purpose of
resale is hereby prohibited.
Immediately upon the conclusion of any sale
authorized by this chapter, the permittee shall be obliged within
24 hours after the conclusion of said sale to clean the outside of
said premises and remove all unsold merchandise therefrom and restore
same to the condition in which it existed prior to said sale.
The provisions of this chapter shall not apply
to affect the following:
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.
The selling or advertising for sale of an item or
items of personal property which are specifically described in the
advertisement and which separate items do not exceed five in number
and which are not displayed outside the promises.
Any person, association or corporation conducting
any such sale or similar activity without obtaining a permit or who
shall violate any of the other terms and regulations of this chapter
may have their permit revoked. Such persons shall also, upon conviction
of any violation hereof, be fined not less than $25 nor more than
$200 for each violation. Each day that such sale or violation shall
continue without being duly licensed shall be considered a separate
violation.
Notwithstanding any law to the contrary, it
is the intent of the Mayor and Council of the Borough of Wanaque that
this chapter be enforced by the Police Department of the Borough of
Wanaque.
