[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Jewelry dealers — See Ch. 348.
Motor vehicle junk dealers — See Ch. 353.
Peddling and soliciting — See Ch. 442.
[Adopted 12-16-1979 by Ord. No. 20-1979 (Ch. 135 of the 1990 Code)]
[Amended 2-18-2015 by Ord. No. 6-2015]
As used in this article, the following terms shall have the meanings indicated:
CASUAL SALE
Sales commonly known as "garage sales," "lawn sales," "attic sales," "rummage sales," "flea market sales" or "estate sales" or any similar casual sale of tangible personal property wherein goods are made available for sale to the public at large.
[Amended 5-9-1990 by Ord. No. 5-1990]
No person shall conduct a casual sale of personal property without first obtaining a permit from the Borough Clerk.
[Amended 5-9-1990 by Ord. No. 5-1990]
The permit fee for a sale as defined in this article shall be as provided in Chapter 275, Fees.
[Amended 5-9-1990 by Ord. No. 5-1990; 7-16-2008 by Ord. No. 5-2008]
There shall be no more than one such sale per year per property, regardless of how many persons or families reside on and/or within the property.
No goods shall be displayed nor a sale conducted on premises other than in the driveway, in the garage or the interior of the premises or the rear yard or side yards, except for that portion of the side yard which protrudes into the front yard, all as defined in Chapter 600, Zoning, of the Code of the Borough of North Haledon.
[Amended 11-4-2009 by Ord. No. 26-2009]
Newspaper advertisements for the sale shall be permitted, as well as one sign on the premises at which the sale is located. Any such sign shall not exceed six square feet. Any such sign shall be permitted to be posted no sooner than five hours prior to the sale and shall be removed no later than three hours thereafter. Any such sign shall not be erected within the required front yard stipulated in the Zoning Area and Limiting Schedule included within Chapter 600, Zoning, of the Code of the Borough of North Haledon, nor nearer to the street line than the front wall of the principal building on the premises.
[Amended 5-9-1990 by Ord. No. 5-1990; 11-4-2009 by Ord. No. 26-2009]
Where a permit is issued, the permit shall designate two consecutive days, inclusive of a rain date, during which the sale is permissible under the permit.
[Amended 11-4-2009 by Ord. No. 26-2009]
A. 
Any individual or entity to whom a permit is issued pursuant to § 468-7 of the Code of the Borough of North Haledon shall be permitted to erect or post not more than two off-premises signs advertising the sale. Any such sign shall only be erected or posted at the intersections of the nearest cross-streets of the location of the sale. Any such sign shall not exceed six square feet. Any such sign shall be permitted to be posted no sooner than five hours prior to the sale and shall be removed no later than three hours thereafter.
B. 
Notwithstanding anything contained herein to the contrary, no sign shall be erected or maintained at the intersection of any streets in such a manner as to obstruct free and clear vision or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device or which makes use of the words "stop," "look," "drive-in," "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
No goods shall be sold at a casual sale as defined in this article which have been purchased for sale at a casual sale, nor shall any goods be sold at a casual sale except goods which have been owned by the owner and been at the premises of the owner for six months prior to the sale.
[Amended 5-9-1990 by Ord. No. 5-1990]
No tangible personal property shall be sold at a casual sale, as defined in this article, except pursuant to the issuance of a permit and except in conformity with the restrictions contained in this article.
[Amended 5-9-1990 by Ord. No. 5-1990]
The application for a permit shall be made at least two weeks prior to the initial date of the intended sale. The permit shall be prominently displayed on the premises and shall be visible from the street upon which the sale is conducted throughout the entire period of the sale.
[Amended 5-9-1990 by Ord. No. 5-1990]
A person applying for a permit shall submit to the Borough Clerk, in writing, the name of the person conducting the sale, the name of the owner of the property on which said sale is to be conducted, the location at which the sale is to be conducted, the number of days of the sale and the date and nature of any past sales during the same year.
[Amended 5-9-1990 by Ord. No. 5-1990]
The person to whom the permit is issued and the owner or tenant of the premises at which the sale is to be conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale. No loud or boisterous conduct shall be permitted on the premises, nor shall the passage of traffic be in any way impeded.
The provisions of this article shall not apply to or affect the following persons or sales:
A. 
Persons selling pursuant to an order or process of the court.
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 and described in the advertisement and which separate items do not exceed five in number.
D. 
Any sale conducted by any merchant or business establishment from or at a place of business which is lawful.
[Amended 5-9-1990 by Ord. No. 5-1990[1]]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that a violation is permitted to exist shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 6-16-2010 by Ord. No. 14-2010]
The sale by outdoor street merchants of any type of merchandise whatsoever from cars, trucks, trailers, walks, walls or hung on ropes or chains or any other area that serves as a display is strictly prohibited on any street, parking area, or public or private open lot in the Borough of North Haledon.