[HISTORY: Adopted by the Mayor and Council of the Borough of North
Arlington 9-7-1999 by Ord. No. 1765. Amendments
noted where applicable.]
A.
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.
B.
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.
[Amended 8-9-2004 by Ord. No. 1922]
[Amended 8-9-2004 by Ord. No. 1922]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
[Amended 8-9-2004 by Ord. No. 1922]
A.
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.
B.
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.
[Amended 8-9-2004 by Ord. No. 1922]
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.
[Amended 8-9-2004 by Ord. No. 1922]
The information to be filed with the Borough Clerk, pursuant to this
chapter, shall be as follows:
A.
The name of the person, firm, group, corporation, association
or organization conducting the sale.
B.
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.
C.
The location at which the sale is to be conducted.
D.
The number of days of sale (not to exceed two days).
E.
The date and nature of any past sale.
F.
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.
G.
Whether or not applicant has been issued any other vendor's
license by any local, state or federal agency.
H.
The number, nature and location of signs.
I.
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.
[Amended 8-9-2004 by Ord. No. 1922]
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.
[Amended 8-9-2004 by Ord. No. 1922]
The following persons and sales shall be excepted:
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 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.
E.
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.
A.
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.
[Amended 8-9-2004 by Ord. No. 1922]
B.
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.