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Borough of Hillsdale, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 6-27-1972 by Ord. No. 72-9 as Ch. 7, Art. 2, of the Revised Ordinances of 1972. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 138.
Licenses and permits — See Ch. 188.
Penalties — See Ch. 226.
As used in this chapter, the following terms shall have the meanings indicated:
AUCTIONEER
A person who cries off, sells or exposes or offers for sale real or personal property at public auction.
PUBLIC AUCTION
A public sale of real or personal property in which the price at which the property offered for sale is sought to be increased by bids. For the purposes of this chapter, the term "public auction" shall not include
A. 
Any auction conducted by or for the exclusive benefit of any bona fide charitable, religious, educational or similar nonprofit organization.
B. 
Any auction conducted by a federal, state, county or municipal officer or by any fiduciary or other person who is acting under the order of or who is accountable to any court or who is acting in compliance with a requirement of law.
[1]
Editor's Note: For statute authorizing municipalities to license and regulate public auctions and auctioneers, see N.J.S.A. 40:52-1, Subdivision i, and 40:52-2. For statute requiring auctioneers to keep books and records and providing for municipal licensing of nonresidents to auction jewelry or silverware, see N.J.S.A. 45:17-1.
No person shall, within the Borough, act as an auctioneer or maintain, use or advertise any premises as the place at which a public auction is or will be conducted unless he or she first applies for and obtains a license therefor in accordance with the provisions of this chapter and of Chapter 188, Licenses and Permits.
Upon receipt of an application for a license, the Borough Clerk shall transmit copies thereof to the Chief Law Enforcement Officer, Chief of the Fire Department, Construction Code Official and Health Officer, to investigate the applicant and proposed licensed premises in accordance with their respective jurisdictions and in accordance with such rules and regulations as may, from time to time, be promulgated. They shall report back in writing to the Borough Clerk their findings of fact and recommendations.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
The fee for a license issued under this chapter shall be as provided in Chapter 138, Fees.
B. 
If the application shall be denied, one-half (1/2) of the amount of the license fee paid by the applicant shall be refunded.
C. 
No more than one (1) license for an auction shall be granted to an applicant per calendar year, and it shall not exceed three (3) days in duration.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
Each applicant shall post with the Borough a bond not exceeding five thousand dollars ($5,000.) penal sum.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be punishable as provided in Chapter 226, Penalties.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. II.