[HISTORY: Adopted by the Mayor and Council
of the Borough of Ridgefield 9-27-1999 by Ord. No. 1670. Amendments noted where
applicable.]
The following terms as used herein shall be
defined as follows:
All sales often referred to as "garage sale," "lawn sale,"
"driveway sale," "rummage sale" or "flea market sale" or any similar
or casual sale of tangible personal property, which is advertised
by any means, whereby the public at large is or can be made aware
of such sale.
Tangible personal property capable of being the object of
a garage sale.
Individuals, partnerships, corporations, voluntary associations
or organizations.
A.Â
No person shall conduct a garage sale within the Borough
of Ridgefield without first obtaining a garage sale license from the
Borough Clerk. The fee for said license shall be $5 for each permit.
B.Â
Only two such licenses shall be issued for garage
sales at any one particular dwelling or parcel of land within any
one calendar year. Each such license shall authorize a garage sale
for a period of not longer than two consecutive calendar days, except
if it occurs on a holiday weekend it may be for three consecutive
calendar days. The license shall be prominently displayed on the premises
upon which the garage sale is authorized, during the authorized hours,
throughout the entire period of the licensed sale.
C.Â
If a garage sale is not held on the dates for which
the permit is issued or is terminated during the first day of the
sale because of inclement weather conditions, and an affidavit by
the permit holder to this effect is submitted, the Borough Clerk may
issue another permit to the applicant for a garage sale to be conducted
at the same location within 30 days from the date when the first sale
was to be held. No additional permit fee is required.
[Amended 9-14-2015 by Ord. No. 2286]
Application for a license shall be made, in
writing, on a form provided by the Borough Clerk at least three days
prior to the date of the commencement of such sale. The form provided
by the Borough Clerk shall set forth the following:
A.Â
The name of the person conducting said sale.
B.Â
The name of the owners of the property upon which
the sale is to be conducted and the consent of the owner if the applicant
is other than the owner.
C.Â
The sale dates.
D.Â
The date and nature of prior sale.
E.Â
The relationship of the applicant to the holder of
prior license issued to the same property.
F.Â
The general description of the type of goods to be
sold, including a statement that said goods were not purchased for
the purpose of resale.
Garage sales shall be conducted, exclusively,
between the hours of 9:00 a.m. and 7:00 p.m.
The advertisement of a garage sale shall be
regulated as follows:
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.Â
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.Â
Persons acting in accordance with the powers and duties
as public officials.
C.Â
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.Â
Any recognized nonprofit, civic or religious organization,
such as church or synagogue, veterans' organization, health organization,
school, etc.
E.Â
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 Ordinances of the Borough
or under the protection of the nonconforming use provisions 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.
The Borough Clerk shall keep the Chief of Police
informed of all permits and the dates thereof, which the Clerk shall
issue pursuant to this chapter. It shall be the duty of the Police
Department to enforce the provisions of this chapter.
[Amended 6-28-2010 by Ord. No. 2133]
Any person violating any provision of this chapter
shall, upon conviction, be subject to a fine of not less than $100
nor more than $2,000 or imprisonment for a term not exceeding 90 days,
or both. Each and every nonconformance with this chapter or each day
that any provision of this chapter shall have been violated shall
be construed as a separate and distinct violation thereof.