[Added 11-12-1991 by Ord. No. 91-26]
For the purposes of this article, the following
definitions shall apply:
The casual sale of items of tangible personal property from
premises used and occupied as a residence or located in a residential
zone district as set forth in the zoning ordinances of the Borough
of Garwood, and includes sales commonly known as "garage sales," "attic
sales," "rummage sales" and other similar casual sales of tangible
personal property.
Individuals, groups, partnerships, voluntary associations,
corporations or other legal entities.
Except as provided in this article, no person
shall conduct or operate a garage sale, or allow the operation of
a garage sale at or on premises owned, leased or controlled by such
person. The conducting of a garage sale on premises owned, leased
or controlled by any person shall give rise to a rebuttable presumption
that such person allowed the conducting or operating of the garage
sale.
No person shall conduct or operate a garage
sale or permit a garage sale to be operated or conducted in the Borough
of Garwood unless a permit for same shall have been obtained and shall
be displayed in a prominent place at all times at the garage sale.
[Amended 1-26-1993 by Ord. No. 93-03; 10-10-1995 by Ord. No. 95-14]
A.
The following regulations shall apply to all permits
and applications therefor:
(1)
A permit may be issued for any residential premises
no more than four times in any one calendar year.
(2)
The application shall be submitted to and the permit
issued by the Borough Clerk.
(3)
A garage sale may be of no more than three days' duration.
All garage sales may be conducted between the hours of 8:00 a.m. and
6:00 p.m. only.
(4)
Signs advertising the sales may be erected in the
Borough of Garwood, including the premises where the sale is to be
held. No such signs shall exceed 18 inches in height or 18 inches
in width. All such signs shall be removed within 24 hours after completion
of the sale. All such signs shall contain:
(5)
Permits shall be issued only upon written application,
which shall include the following:
(a)
The name of the person conducting the sale.
(b)
The name of the owner of the property where
the sale is to be conducted.
(c)
The address of the location at which the sale
is to be conducted.
(d)
The date or dates of the sale.
(e)
The date or dates of any prior garage sales
at the same premises.
(f)
The date of the application and the signature
of the applicant.
B.
Intentional misstatements in the applications shall
constitute a violation of this article.
No permit shall be issued except upon payment
of the required fee, which shall be $4.
A.
Nothing contained in this article shall be construed
to permit any activity otherwise prohibited under this code or other
law.
B.
The provisions of this article shall not apply to
or affect the following persons:
(1)
Any person selling goods pursuant to an order or process
of a court of competent jurisdiction.
(2)
Any person acting in accordance with the powers and
duties of such person as a public official.
(3)
Any person selling or advertising for casual sale
an item or items of personal property which are specifically named
or described in an advertisement and which separate items do not exceed
five in number.
(4)
Any bona fide charitable, religious, educational or
other nonprofit organization for which an application has been submitted
to and approved of by resolution of the Borough Council.
[Amended 12-10-2002 by Ord. No. 02-28]
Any person violating the terms of this article
shall be subject to a fine of not more than $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof, and each day on which a violation
occurs shall be deemed a separate violation.
