As used in this chapter, the following terms shall have the
meanings indicated:
GARAGE SALE
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.
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.
[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.
[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:
A. Name of the person, firm, group, corporation, association or organization
conducting said sale.
B. 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.
C. Location at which the sale is to be conducted.
D. Number of days of the sale.
E. Date and nature of any past sale.
F. 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.
G. Whether or not the applicant has been issued any other vendor's
license by any local, state or federal agency.
H. 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.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
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 (5) in number.
D. 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.
E. 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.
F. 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.
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.
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.
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.