[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 5 of Chapter 21 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
No person, with intent to sell or in any way dispose of merchandise, securities, service or anything offered by such person, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, shall make, publish, disseminate, circulate or place before the public in the City, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, billboard sign, radio or television broadcast, or in any other way, an advertisement of any sort regarding the merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or a statement of fact which is untrue, deceptive or misleading.
It shall be deemed deceptive advertising and a violation of this chapter for any person engaged in the business of buying new or secondhand articles of merchandise, or other property, real or personal, or engaged in the business of furnishing any kind of service, to advertise by means of liner ads in a newspaper, or otherwise, such articles, property or service for sale in a manner indicating or intended to indicate that the sale is being made by a householder or a private party not engaged in such business. Every person engaged in any such business shall, in advertising goods, property or services for sale, either through liner ads, or otherwise, affirmatively and clearly indicate that the seller is engaged in such business and is not a private party.
It shall be deemed deceptive advertising and a violation of this chapter for any person, in a newspaper or other publication, or by any advertisement or publication in any other manner hereinbefore set forth in § 121-1, to offer to the public, for sale or distribution, any merchandise which is secondhand or used merchandise, or which is defective in any manner, or which consists of articles or units or parts known as "seconds" or "blemished merchandise," or which has been rejected by the manufacturer thereof as not first class unless there is conspicuously displayed in direct connection with the name and description of such merchandise and each specific article, unit or part thereof, an unequivocal statement, phrase or word which will clearly indicate that such merchandise or article, unit or part thereof so advertised is secondhand, used, defective or consists of seconds or is blemished merchandise, or has been rejected by the manufacturer thereof as not first class, as the fact may be, and such statement, phrase or word shall be printed or lettered, as the case may be, in type or lettering as large as that used in any other part of the advertisement, including the caption thereof.
It shall be deemed deceptive, untrue and misleading advertising within the intent and meaning of this chapter for any person to advertise the sale of goods, wares or merchandise in any manner as a sheriff's sale, constable's sale, United States marshal's sale, or as a trustee's sale, administrator's sale, executor's sale, bankruptcy sale, receiver's sale, or like sale, unless the person so advertising is a public official or is acting under an order of or at the direction of a court of competent jurisdiction.
It shall also be deemed a violation of this chapter for any person to advertise, in any manner, as an insurance sale, bankrupt sale, mortgage sale, assignee sale or a sale of goods, wares or merchandise damaged by fire, smoke, water, or otherwise, or any type of a sale generally known in mercantile circles as a "distress merchandise sale," if such advertiser shall subsequently add any goods, wares or merchandise to the stock on hand at the time any of the types of sale enumerated herein are first announced.
For the purpose of this section, the word "sale" shall be construed to mean that any goods, wares or merchandise offered to the public are to be sold for less than the prevailing retail prices on the same or comparable goods, wares or merchandise.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.