[Adopted 5-15-2000 by Ord. No. 00-20 (Ch.
215, Art. III, of the 1987 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sale," "attic sale,"
rummage sale" or "flea market sale" or any similar causal sale of
tangible personal property which is advertised by a means whereby
the public at large is or can be made aware of said sale.
Includes any goods or other property capable of being the
object of sale regulated hereunder and which is owned by the permittee.
The owner or lessee of the premises.
[Amended 4-4-2005 by Ord. No. 05-06; 2-2-2009 by Ord. No.
09-9; 8-10-2009 by Ord. No. 09-50]
It is unlawful to conduct a garage sale in the
Township of Bloomfield without first registering with the Community
Development Department the information hereinafter specified. The
fee for such registration is fixed at $10 per garage sale.
The information to be filed with the Community
Development Department, pursuant to this article, shall be as follows:
A.
Name of person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of owner or lessee of the premises on which said
sale is to be conducted.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date and 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 them
to be so.
The person to whom such permit 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 Departments of the Township in order to maintain the
public health, safety and welfare. All premises shall at all times
be subject to such reasonable rules as may be made from time to time
by the Township Council and shall be subject to inspection at all
times by the Community Development Department, Chief of Police and
Fire Official or any of their agents or any of other duly authorized
representative of the Township.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 5:00 p.m. only.
A.
No signs for advertising or directing customers are
to be posted on any place other than the premises where the sale is
to be held. The sign shall not exceed two feet by two feet in size
and shall not 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.
B.
Sales, as defined and permitted under this article,
shall be conducted on the premises only in the dwelling, garage, driveway
or rear yard.
It is unlawful for any person to offer for sale
mattresses, bedsprings, cots, lounges and sofas in any garage sale
authorized under this article 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, bedsprings,
cots, lounges and sofas.
The provisions of this article 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 the Township,
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 other ordinances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 such exemption. Such
exemption may be permitted by resolution of Township Council after
application by any of the aforementioned types of organizations.
This article shall be enforced by the Community
Development Department. It shall be the duty of the Community Development
Department or its designee to investigate any violations of this article
coming to its attention, whether by complaint or otherwise, and if
a violation is found to exist, the Community Development Department
shall prosecute a complaint before the local municipal court pursuant
to the provisions of this article. It shall be the duty of the Police
Department to bring to the attention of the Community Development
Department for further investigation, any violation of this article
of which the Police Department becomes aware during the course of
its normal duties.
[Amended 5-5-2008 by Ord.
No. 08-18]
Any person, association or corporation conducting any such sale or similar activity without being properly permitted therefor or who shall violate any of the other terms and regulations of this article shall, upon conviction, be fined not less than $25 nor more than provided in § 1-15 of this Code for each violation. Each day that such sale shall continue without a permit shall be considered a separate violation.
