[HISTORY: Adopted by the Township Committee
of the Township of Wyckoff 12-15-2015 by Ord. No. 1790.[1]Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 104,
Business on Sundays, adopted 6-20-1967 by Ord. No. 539, as amended.
On Sunday, it shall be unlawful for any person, whether it be
at retail, wholesale or by auction, to sell, attempt to sell or offer
to sell or to engage in the business of selling clothing or wearing
apparel, building and lumber supply materials, furniture, home or
business or office furnishings, household, business or office appliances,
except as works of necessity and charity or as isolated transactions
not in the usual course of the business of the participants.
A.
Any person who violates any provision of this chapter is a disorderly
person and, upon conviction for the first offense, shall pay a fine
of $250; and for the second offense shall pay a fine of not less than
$250 nor more than $1,000, to be fixed by the court; and for the third
offense shall pay a fine of not less than $1,000 nor more than $2,000,
to be fixed by the court, or, in the discretion of the court, may
be imprisoned for a period of not more than 30 days, or both; and
for the fourth or each subsequent offense shall pay a fine of not
less than $2,000 nor more than $5,000, to be fixed by the court, or,
in the discretion of the court, may be imprisoned for a period of
not less than 30 days nor more than six months, or both. A single
sale of an article of merchandise of the character prohibited to any
one customer, or a single offer to sell an article of such merchandise
to any one prospective customer, shall be a distinct violation of
this act. The directors, officers, managers, agents or employees of
corporations shall be personally liable for these penalties.
B.
In addition to the penalties provided for conviction under this chapter,
upon any four convictions for violations of this chapter the premises
in or upon which the violation occurred shall be deemed a nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all items used in the construction of buildings,
whether residential or industrial, and particularly, but not limited
to, lumber, cement, building blocks, sashes, frames, windows, doors
and related items.
Includes any article or articles to be worn on the person
by man, woman, or child as bodily covering or protection, including
garments of all types, headwear and footwear.
The attempt to sell or to induce an immediate or future transfer
of any such merchandise by describing, explaining, extolling or identifying
any such merchandise while the seller is in personal contact with
the potential purchaser.
Includes all articles of furniture used inside or outside
a house or office, including chairs, tables, beds, desks, wardrobes,
dressers, bureaus, cupboards, cabinets, bookcases, sofas, couches,
and related items; and materials especially designed and prepared
for assembly into furniture; and all such furniture, whether finished
or unfinished, painted or unpainted.
Includes items of equipment and furnishings used in a home
or office, such as floor coverings, lamps and lighting fixtures, household
linens, drapes, blinds, curtains, mattresses, bed coverings, mirrors,
china, kitchenware and kitchen utensils, silverware, and cutlery.
Includes stoves, heating devices, cooking equipment, refrigerators,
air-conditioning equipment, electric fans, clocks, radios, toasters,
television sets, washing machines, dryers, and all such electrical
and gas appliances used in the home.
The acceptance of bids or proposals for the purchase of goods
at a future date or the attempt to induce a sale as hereinbelow defined,
or the attempt to induce an immediate transfer of any such merchandise,
but not to include advertising or display of any such merchandise,
which merchandise is not available for purchase on Sunday.
To enter into an agreement whereby the seller transfers ownership
of property in the goods or an interest in the goods to the purchaser
for a consideration, whether or not the transfer is for immediate
or future delivery, and whether or not the transaction is regarded
as absolute, conditional or secured, and whether or not immediate
consideration is paid therefor. The acceptance of a deposit for future
delivery of any such merchandise, or an agreement for future delivery
of any such merchandise, whether or not immediate consideration is
paid therefor, shall also be deemed a sale for purposes of this act.
