[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 12-31-1975 as § 5-13 of the 1975 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "flea market sale" or any similar 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.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
No person shall conduct a garage sale in the borough without first filing
with the Borough Clerk the information hereinafter specified and obtaining
from him a license which shall be known as a "garage sale license." The fee
shall be as set forth in the Borough Fee Schedule, adopted by resolution of
the Borough Council, on file in the office of the Borough Clerk.
The license shall be issued to any one (1) person four (4) times only
within a twelve-month period, and no such license shall be issued for more
than four (4) consecutive calendar days. Charitable and religious and civic
organizations may be allowed more than four (4) licenses with the approval
of the Mayor and Council. Each license issued under the provisions of this
section shall be prominently displayed on the premises upon which the garage
sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Borough Clerk, pursuant to the
provisions of this section, 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 the sale
is to be conducted, and the consent of the owner if the applicant is other
than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
The relationship or connection the applicant may have
had with any other person conducting the sale and the date or dates of such
sales.
G.
Whether or not the 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 to be
so.
All garage sales shall be conducted between the hours of 9:00 a.m. and
sundown.
Temporary signs shall be permitted for a period of seven (7) days preceding
the event and twenty-four (24) hours afterwards. Planning Board approval will
not be needed. No signs shall be affixed to curbside trees, telephone poles
or street signs. Signs shall have a space allotted thereon upon which shall
be placed the name and address of the person running the sale.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
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 describes in the
advertisement and which separate items do not exceed five (5) in number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character, or without knowledge
that the provisions of this chapter have not been complied with.
E.
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 regulations of the borough or under the protection
of the nonconforming use section 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 in the ordinances.
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization. The burden of establishing
the exemption under this subsection shall be on the organization or institution
claiming the exemption.
The provisions of this section shall be enforced by the Building Inspector.
It shall be his duty to investigate any violation of this section coming to
his attention, whether by complaint or arising from his own personal knowledge,
and if a violation is found to exist, he shall prosecute a complaint before
the local municipal court pursuant to the provisions of this section. It shall
be the duty of the Police Department to bring to the attention of the Building
Inspector for further investigation any violations of this section of which
it becomes aware during the course of its normal duties.
The person to whom the license is issued and the owner or tenant of
the premises on which the 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 the sale or activity. No person shall permit
any loud or boisterous conduct on the premises nor permit vehicles to impede
the passage of traffic on any roads or streets in the area of the premises.
All such persons shall obey the reasonable orders of any member of the Police
or Fire Departments of the borough in order to maintain the public health,
safety and welfare.
[Amended 3-21-1988 by Ord. No.
955[1]]
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
