As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALES
All sales entitled "garage sale," "lawn sale," "attic sale," "rummage
sale," "barn 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 said sale.
GOODS
Any goods, warehouse merchandise or other property capable of being
the object of a sale regulated hereunder and which is owned by the licensee
or consigned to him.
OCCUPANT
Owner or lessee of the premises.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the
Township of River Vale without first filing with the Township Clerk the information
hereinafter specified and obtaining from such Clerk a license so to do, to
be known as "garage sales license." Such filing shall be made at least one
week prior to the requested sale date. No fee shall be charged for such license.
The information to be filed with the Township Clerk pursuant to this
chapter shall be as follows:
A. Name of person, firm, group, corporation, association
or organization conducting said sale.
B. Name or owner or lessee of the property on which said
sale is to be conducted.
C. Location at which sale is to be conducted.
E. Date, nature of any past sale.
F. Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
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 persons shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the reasonable orders of any member
of the Police or Fire Department of the Township of River Vale in order to
maintain the public health, safety and welfare. All licensed premises shall
at all times be subject to such reasonable rules as may be made from time
to time by the Township Committee of the Township of River Vale and shall
be subject to inspection at all times by the Building Inspector, Chief of
Police and Fire Chief or any of their agents or any other duly authorized
representative of the Township of River Vale.
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
No signs for advertising or directing customers are to be posted on
any place other than the premises of the applicant. The sign is not to exceed
two by two feet in size and cannot be placed on the premises earlier than
one week prior to the sale and must be removed within 24 hours after the sale
has terminated.
It shall be unlawful for any person to offer for sale mattresses, bed
springs, cots, lounges and sofas in any garage sale authorized under this
chapter without first complying with the appropriate section of N.J.S.A. 26:10-1
through 26:10-18 with respect to the labeling, sterilizing and disinfecting
of said mattresses, bedspring, cots, lounges and sofas.
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 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 the zoning regulations of Chapter
142, Land Use, of the Code of the Township of River Vale, or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from properly zoned premises and not otherwise prohibited in the ordinances.
This chapter shall be enforced by the Construction Code Official. It
shall be the duty of the Construction Code Official to investigate any violations
of this chapter 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 chapter. It shall be the duty of the Police Department of the Township
of River Vale to bring to the attention of the Construction Code Official
for further investigation any violations of this chapter of which the Police
Department becomes aware during the course of its normal duties.
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms shall, upon conviction, be punished as provided in Chapter
1, General Provisions, Article
I, §
1-14, for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.