[HISTORY: Adopted by the City Council of the City of Pleasantville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1982 by Ord.
No. 11-1982 as Ch. 113 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
Include all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale" or "flea market 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.
Include any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder and which is owned by the
licensee.
The owner or lessee of the premises.
Includes individuals, partnerships, voluntary associations and corporations
and joint ventures.
A.
It shall be unlawful for any person to conduct a garage
sale in the City of Pleasantville without first filing with the Licensing
Officer the information hereinafter specified and obtaining from such Licensing
Officer[1] a license so to do, to be known as a "garage sale license." The
fee for such license shall be and the same is hereby fixed at $5.[2]
B.
Only two such licenses shall be issued to any one person
within a twelve-month period, and said license is only valid for a period
of 30 days after the date of issuance, and no such license shall be issued
for more than four consecutive days; provided, however, that, for the purposes
of this section, all persons occupying the premises to which a license has
been issued shall be considered recipients of this license as if they had
received the license personally.
The information to be filed with the Licensing Officer pursuant to this
article shall be as follows:
A.
The name of the person, joint venture, firm, group, corporation,
association or organization conducting said sale.
B.
The name of the owner or lessee of the property on which
said sale is to be conducted.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
The person to whom such license is issued and the owner or tenant of
the premises on which such sale or activity is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum on
the premises during all hours of such sale or activity. No such persons shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the reasonable orders of any member
of the Police or Fire Department of the City of Pleasantville in order to
maintain the public health, safety and welfare. All licensed premises shall
at all times be subject to such reasonable rules as may be made from time
to time by the Council of the City of Pleasantville and shall be subject to
inspection at all times by the Licensing Officer and Chief of Police or any
of their agents or any other duly authorized representative of the City of
Pleasantville.
It is the responsibility of the applicant to notify the Chief of Police
of the date(s) of the sale.
No signs for advertising or directing customers are to be posted on
any place other than the premises of the applicant. The sign is not to exceed
two feet by three feet in size and cannot be placed on the premises earlier
than one week prior to the sale and must be removed within 24 hours after
the sale has terminated.
All garage sales shall be conducted between the hours of 9:00 a.m. and
8:00 p.m. only.
It shall be unlawful for any person to offer for sale mattresses, bedsprings,
cots, lounges and sofas in any garage sale authorized under this article without
first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18,
with respect to the labeling, sterilizing and disinfecting of said mattresses,
bedsprings, cots, lounges and sofas.
The provisions of this article 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 separate items do not exceed five in number.
D.
Any sale conducted by any 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 City of Pleasantville[1] or under the protection of the nonconforming use section thereof,
or any other sale conducted by a manufacturer, dealer or vendor, which sale
would be conducted from properly zoned premises and not otherwise prohibited
in the Code of the City of Pleasantville.
[1]
Editor's Note: See Ch. 290, Zoning and Land Use.
E.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall be on
the organization or institution claiming such exemption.
This article shall be enforced by the Licensing Officer. It shall be
the duty of the Licensing Officer to investigate any violations of this article
coming to his attention, whether by complaint or arising from his own personal
knowledge, and, if a violation is found to exist, he shall prosecute a complaint
before the local Municipal Court pursuant to the provisions of this article.
It shall be the duty of the Police Department of the City of Pleasantville
to bring to the attention of the Licensing Officer for further investigation
any violations of this article of which the Police Department becomes aware
during the course of its normal duties.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine of not
less than $100 nor more than $1,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
[Adopted 6-7-1982 by Ord.
No. 11-1982 as Ch. 176 of the 1982 Code]
No person shall hold out or represent to the public or conduct or permit
to be sold any goods, wares or merchandise in the city under the representation,
advertisement of holding out by any means, directly or by implication, as
forced sales at reduced prices or as insurance, bankruptcy, mortgage foreclosure,
insolvency, removal, loss or expiration of lease or closing-out sales or as
assignees', receivers' or trustees' sales or as sales of goods distrained
or as sales of goods damaged by fire, smoke or water, without first procuring
a license therefor from the Licensing Officer of the city.
The provisions of this article shall not apply to any sale which is
to be held under a judicial order or judgment or a writ issuing out of any
court or to enforce any lawful lien or power of sale, whether by judicial
process or not or by a licensed auctioneer.
The advertising, holding out or representing to the public of any sale as being of the character of the sales referred to in § 223-12 of this article which are not in fact sales of such character is hereby prohibited.
A.
Written application shall be made for each sale of the kind or character referred to in § 223-12 of this article which shall describe the kind or character of the proposed sale to be advertised, held out or represented to the public or conducted by the applicant and the name or names of the person or persons conducting such sale.
B.
The application shall contain or have annexed thereto
a full and complete inventory or list of the goods, wares and merchandise
to be sold at such sale, together with the wholesale price thereof and the
price or prices at which it is proposed to sell said goods, wares and merchandise.
C.
The application shall be duly verified by the oath of
the applicant as provided by law.
A.
Upon the approval of the application by the Licensing
Officer, he shall issue a license to the applicant authorizing the holding
of the sale of the kind and character applied for upon the payment of the
following license fees:
|
Duration of Sale
|
Fee
| |
|---|---|---|
|
Not exceeding 10 days
|
$100
| |
|
Not exceeding 20 days
|
$200
| |
|
Not exceeding 30 days
|
$300
|
B.
The license shall not be transferable.
C.
Any person who has held a sale regulated by this article
shall not be granted a license within one year from the date of issuance of
a previous license.
A.
Any license granted hereunder may be revoked by the Licensing
Officer for any of the following causes:
(1)
Any fraud, misrepresentation or false statement made
or contained in the written application for license or in connection with
the sale of said goods, wares and merchandise.
(2)
Any violation of any of the provisions of this article.
(3)
Conviction of the licensee of any misdemeanor involving
moral turpitude.
(4)
Conducting the sale of goods, wares and merchandise in
a manner contrary to law and this article.
B.
Notice of hearing for revocation of a license shall be
given in writing, specifying the grounds of complaint and the time and place
of hearing, personally or by mail with postage prepaid to the licensee at
his last known post office address at least five days prior to the date fixed
for hearing. The decision of the Licensing Officer shall be final and binding.
A.
No licensee shall sell, offer or expose for sale at any
such sale of goods, wares and merchandise any substitutions, additions or
replenishment of goods, wares and merchandise in substitution, addition or
replenishment of the said goods, wares and merchandise listed and stated upon
the inventory and in the application.
B.
The license shall keep full and accurate records of the
sale of said goods, wares and merchandise, including articles sold and prices
at which sold, dates of sale and other pertinent information.
C.
The Licensing Officer may, in his discretion, check the
articles upon sale with the goods, wares and merchandise as listed in the
inventory, including quantity and prices, and the licensee shall render every
possible assistance and aid to him therein.
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine of not less than $100 nor more than $1,000,
imprisonment for a term not exceeding 90 days and/or a period of community
service not exceeding 90 days.
