Orange Township, NJ Garage and Casual Sales

Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "sidewalk sale," or "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

Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

PERSON

Includes individuals, partnerships, voluntary associations and corporations.

§ 105-2 Use of public sidewalks for sale.

Public sidewalks may be used for special sale days, art shows or other similar events, provided that a recognized organization is the sponsor of same, and provided that such duly authorized organization submit an application not less than thirty (30) days prior to the sale or event to the governing body for approval thereof, and provided that the aforesaid duly authorized organization restore the designated sidewalk area to its proper appearance not later than one (1) day after the sale or event.

§ 105-3 License required; fee.

[Amended 5-18-1982 by Ord. No. 16-82]

It shall be unlawful for any person to conduct a garage sale in the City of Orange without first filing with the Finance Department the information hereinafter specified and obtaining from said Department a license so to do, to be known as a "garage sale license." The fee for such license shall be as provided in Chapter 88, Fees.

§ 105-4 Issuance and display of license.

Such license shall be issued to any one (1) person only once within a twelve-month period, and no such license shall be issued for more than four (4) consecutive calendar days. Charitable, religious and civic organizations may be allowed more than one (1) license, with the approval of the City Council.

Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.

§ 105-5 Information to be filed.

[Amended 5-18-1982 by Ord. No. 16-82]

The information to be filed with the Finance Department pursuant to this chapter shall be as follows:

Name of the person, firm, group, corporation, association or organization conducting said sale.

Name of the owner of the property on which said sale is to be conducted and consent of the owner, if the applicant is other than the owner.

Location at which the sale is to be conducted.

Number of days of the sale.

Date and nature of any past sale.

Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.

Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.

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.

§ 105-6 Hours of sale.

All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.

§ 105-7 Signs and newspaper advertisements.

Signs posted or handbills advertising a garage sale as herein defined shall be of a size not larger than twelve by twelve (12 x 12) inches and must contain, in addition to the definition of the type of sale being advertised, the name, address and telephone number of the person conducting the sale and shall indicate the number of the permits issued by the City of Orange and the dates for which such permits shall be issued.

All such signs shall be removed within forty-eight (48) hours after the completion of the sale. The newspaper advertisement of such sale shall contain the same information as required in the case of signs.

§ 105-8 Exemptions.

The provisions of this chapter shall not apply to or affect the following persons or sales:

Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

Persons acting in accordance with their powers and duties as public officials.

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 (5) in number.

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.

Any sale conducted by any merchant or mercantile or other business establishment in a place of business wherein such sale would be permitted by the zoning regulations of the City of Orange or under the protection of the nonconforming use section thereof or any sale conducted by a manufacturer, dealer or vendor, and which sale would be conducted from properly zoned premises and not otherwise prohibited in the city ordinances, provided that no sidewalk sales shall be conducted anywhere within the City of Orange.

Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempt from the four-day limitation fixed by § 105-4 hereof upon demonstrating to the City Council of the City of Orange its right to such exemption. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.

§ 105-9 Enforcement.

This chapter shall be enforced by the Police Department of the City of Orange. It shall be the duty of the Chief of Police, or his designated deputy to investigate any violation of this chapter.

§ 105-10 Responsibilities of license holder and owner of premises.

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 person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department of the City of Orange in order to maintain the public health, safety and welfare.

§ 105-11 Violations and penalties.

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 and regulations of this chapter shall, upon conviction, be fined not more than five hundred dollars ($500.) or imprisoned for a period not to exceed ninety (90) days for each violation of this chapter at the discretion of the Judge before whom such conviction shall have been obtained. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.