§ 185-3Permit required; duration and number of sales; fee.
§ 185-4Display of permit.
§ 185-5Information to be filed with Borough Clerk.
§ 185-6Hours of sale.
§ 185-8Persons and sales excepted.
§ 185-10Violations and penalties.
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market sales or other casual sales. The chapter requires the obtaining of a permit to conduct such sales.
This chapter limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales in residential zones of the Borough of North Arlington under the following category: garage sale, lawn sale, attic sale, rummage sale, flea market sale, estate sale or any casual sale of tangible personal property which is advertised by any means where the public at large is or can be made aware of said sale.
- Includes any goods, merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale within the Borough of North Arlington without first obtaining a permit therefor from the Borough Clerk. No garage sale shall be licensed for more than two days, which shall be consecutive. No person shall conduct more than two garage sales in any one calendar year. No premises shall be the subject of more than two garage sales in any one calendar year. A permit shall only be issued for the following days: Friday, Saturday, Sunday and federal holidays.
The fee for obtaining said permit shall be $6 per garage sale, which must be paid upon the filing of the application for a permit. This fee shall be paid in the form of a check or money order payable to the Borough of North Arlington.
Each permit issued pursuant to the terms of this chapter is required to be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
The information to be filed with the Borough Clerk, pursuant to this chapter, shall be as follows:
The name of the person, firm, group, corporation, association or organization conducting the sale.
The name of the owner of the property on which said sale is to be conducted, and consent of owner if applicant is other than owner.
The location at which the sale is to be conducted.
The number of days of sale (not to exceed two days).
The date and nature of any past sale.
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sales.
Whether or not applicant has been issued any other vendor's license by any local, state or federal agency.
The number, nature and location of signs.
A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him/her to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
Temporary signs are permitted only on the days of the sale, and only on the premises on which the sale is to take place. No temporary signs are permitted on public property or within any public right-of-way or sidewalk. This requirement extends to trees, telephone poles and street or traffic signs. All temporary signs are to be removed simultaneously with the ending of the sale. No more than two signs advertising the garage sale shall be permitted on the premises, and no sign shall be more than four square feet in size.
The following persons and sales shall be excepted:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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.
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 Chapter 205, Land Development, or under the protection of the nonconforming use section thereof (§ 205-51 et seq.), 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 in the ordinances.
Any bona fide charitable, 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 the exemption. Any such sale shall be conducted only on the premises owned or occupied for exempt purposes by the exempt organization.
This chapter may be enforced by any officer of the Borough of North Arlington, including the Police Department and the Construction Department. It shall be the duty of such officer to investigate any reported violation. Any such official shall be required to act in any manner necessary in order to assist in the enforcement and provisions of this chapter.
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 person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department of the Borough of North Arlington in order to maintain the public health, safety and welfare.