City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 1-2-2002 by Ord. No. 6249-02. Amendments noted where applicable.]
GENERAL REFERENCES
Signs — See Ch. 461, Art. IX.

§ 259-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
Includes but shall not be limited to lawn sales, attic sales, estate sales, or any other similar sale of tangible used goods whether advertised by any means, or not advertised, whereby the public at large is made aware of said sale.
[Amended 12-2-2014 by Ord. No. 7192-14]
GOODS
Unwanted personal property which is the object of a sale regulated hereunder.
HOUSE SALE
Includes the sale of the entire contents of the personal property located within said household.

§ 259-2 Permits and fees; application.

A. 
It shall be unlawful for any person to conduct any sale regularly by this chapter without first obtaining a permit from the City Clerk. The fee for such permit shall be fixed at $10.
[Amended 2-15-2011 by Ord. No. 6930-11]
B. 
The City Clerk shall have permit forms available, which permit shall include the following information:
[Amended 12-2-2014 by Ord. No. 7192-14]
(1) 
The name of the person conducting the sale.
(2) 
The location at which the sale is to be conducted.
(3) 
The dates of the days of the sale.
(4) 
The dates of any past sales.
C. 
No sale shall take place without the necessary permit being in the possession of the holder of the sale at the time of the sale.
[Amended 12-2-2014 by Ord. No. 7192-14]
D. 
If the permit holder decides not to hold the sale for any reason, no refunds will be issued.
[Added 12-2-2014 by Ord. No. 7192-14]

§ 259-3 Hours and duration of sales.

A. 
All sales regulated by this chapter to be held in a residential neighborhood shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
B. 
All sales regulated by this chapter to be held in any other zone shall be conducted between the hours of 9:00 a.m. and 8:00 p.m.
C. 
A sale in a residential zone shall be conducted for no more than three consecutive days. However, in the event that any sale is interrupted by rain and the sale had not been conducted for more than five consecutive hours, the permit holder may reschedule that sale day with the new sale day to be held within 14 days of the canceled date as specified on the permit.
[Amended 8-16-2011 by Ord. No. 6975-11; 12-2-2014 by Ord. No. 7192-14]

§ 259-4 Number of sales per year.

[Amended 12-2-2014 by Ord. No. 7192-14]
A permit required in accordance with this chapter may be issued for the same location no more than two times in a calendar year.

§ 259-5 Duties of permit holder and/or property owner.

A. 
The permit holder shall:
(1) 
Make no additions during the permit period to the goods originally offered, except such goods as shall have been in his/her possession prior thereto. No goods shall be acquired by the permit holder for the purpose of resale.
(2) 
Not place any goods or other materials in the public right-of-way or in any other way interfere with the free flow of pedestrian or vehicular traffic.
(3) 
Comply with the provisions of this chapter and any other applicable codes and regulations of the City of Clifton, County of Passaic, State of New Jersey.
(4) 
Display the permit on the premises during the entire period of the sale.
(5) 
Not offer new merchandise or goods for sale that were purchased for the purpose of the sale.
B. 
Permit holders shall notify the City Clerk, within 72 hours, of the new date for the garage sale if any day of the sale is interrupted by rain and the sale had not been conducted for more than five consecutive hours.
[Amended 8-16-2011 by Ord. No. 6975-11; 12-2-2014 by Ord. No. 7192-14]
C. 
The person to whom the permit is issued shall be responsible for the maintenance of good order and decorum on the premises during all hours of such sale.

§ 259-6 Exceptions.

The provisions of this chapter shall not apply to or affect persons selling goods pursuant to an order or process of a court of competent jurisdiction.

§ 259-7 Advertisement/signs.

[Amended 12-2-2014 by Ord. No. 7192-14]
A person holding a sale in accordance with this chapter shall abide by the Sign Ordinance of the City of Clifton[1] and shall not attach any signs to any public utility pole, lamppost, public sign or like structure, nor locate any signs within or so as to project over any part of any street right-of-way or any public property.
[1]
Editor's Note: See Ch. 461, Zoning, Art IX, Signs.

§ 259-8 Enforcement.

This chapter shall be enforced by the Police Department, the Health Department, the Housing Department, the Zoning Officer, and any other employee of the City of Clifton empowered to do so by the City Manager.

§ 259-9 Violations and penalties.

A. 
A violation of any provision of this chapter shall subject the violator to a fine not to exceed $1,000, or imprisonment for not more than 90 days, or both.
B. 
In addition to the fines set forth in Subsection A above, a permit may be denied for the location at which the violation occurred for a period of not less than one year or more than three years.