[R.O. 1966 C.S. § 8:24-1]
GARAGE SALES
Shall mean and include all sales (except "flea market sale")
entitled "garage sale," "attic sale," "estate sale," "rummage sale,"
"yard sale," or any similar casual sale of tangible personal property.
GOODS
Shall mean and include any goods, warehouse merchandise or
other property capable of being the object of a sale regulated hereunder.
OCCUPANT
Shall mean owner or lessee of the premises.
[R.O. 1966 C.S. § 8:24-2]
It shall be unlawful for any person to conduct a garage sale
in the City of Newark without first filing with the Manager, Division
of Tax Abatements/Special Taxes, City of Newark, the information hereinafter
specified and obtaining from the said Manager a license to so do,
to be known as a "garage sale license."
The fee for such license shall be fixed at $10.
[R.O. 1966 C.S. § 8:24-3]
a. A license shall be issued to any one person only once within a twelve-month
period and shall be issued to any one premises only once within the
twelve-month period. No license shall be issued for more than four
consecutive calendar days.
b. In the event that inclement weather causes a scheduled sale to be
cancelled, the holder of the license shall be entitled to hold the
sale the following week, on the same day of the week as originally
scheduled upon first presenting the license to the Manager, Division
of Tax Abatements/Special Taxes who shall make the necessary date
change thereon.
c. Each license issued under this section must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
[R.O. 1966 C.S. § 8:24-4]
The information to be filed with the Manager of the Division
of Tax Abatements/Special Taxes pursuant to this section shall be
as follows:
a. Name of person, firm, group, corporation, association, or organization
conducting the sale.
b. Name of owner of the property on which the sale is to be conducted,
and consent of owner if applicant is other than 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 within the previous twelve-month
period.
f. Relationship or connection applicant may have had with any other
person, conducting a sale and the date or dates of all such sales
within the previous twelve-month period.
g. Whether or not applicant has been issued any other peddler's or vendor's
license by any local, State or Federal government agency.
h. Affirmation by the person signing the application that the information
therein given is full and true and known to him to be so.
[R.O. 1966 C.S. § 8:24-5; Ord.
6PSF-A(S), 1-7-2016]
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 the
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 Division of Police
or Division of Fire of the City of Newark in order to maintain the
public health, safety and welfare. All licensed premises shall at
all times be subject to such reasonable rules as may be made by the
Municipal Council of the City of Newark and shall be subject to inspection
at all times by the Building Inspector, Chief of Police and Fire Chief,
or any of their agents or any other duly authorized representative
of the City of Newark.
[R.O. 1966 C.S. § 8:24-6]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
[R.O. 1966 C.S. § 8:24-7; New]
a. No signs for advertising or directing customers to a garage sale
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 two days prior
to the sale and must be removed within 24 hours after the sale has
terminated.
b. Sales, as defined and permitted under this chapter, shall be conducted
on the licensed premises only, that is, in the dwelling, garage or
rear yard.
c. No signs shall be posted on government property.
CROSS REFERENCE: See also Title XXIX, Street and Sidewalks,
Chapter 21, Signs, Notices and Advertisements.
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[R.O. 1966 C.S. § 8:24-8]
It shall be unlawful for any person to offer for sale mattresses,
bedsprings, cots, lounges and sofas in any garage sale authorized
under this chapter without first complying with the appropriate section
of N.J. Statutes 26:10-1 through 26:10-18, with respect to the labeling,
sterilizing, disinfecting of the mattresses, bedsprings, cots, lounges
and sofas.
[R.O. 1966 C.S. § 8:24-9]
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 in number.
d. Any sale conducted by a merchant or mercantile or other business
establishment from or at a place or business wherein such sale would
be permitted by Title XLI, Zoning and Land Use Regulations of the
City of Newark, or under the protection of the non-conforming use
section thereof or any other sale conducted by the manufacturer, dealer
or vendor and which sale would be conducted from properly zoned premises
and not otherwise prohibited in the ordinances.
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.
[R.O. 1966 C.S. § 8:24-10; Ord.
6PSF-A(S), 1-7-2016]
This chapter shall be enforced by the Division of Tax Abatements/Special
Taxes. It shall be the duty of the Manager, Division of Tax Abatements/Special
Taxes to investigate any violations of this chapter coming to his
attention, whether by complaint or arising from his own personal knowledge,
and if a violation is found to exist he shall prosecute a complaint
before the local Municipal Court pursuant to the provisions of this
chapter. It shall be the duty of the Division of Police of the City
of Newark to bring to the attention of the appropriate City agency,
for further investigation, any violations of this chapter of which
the Division of Police becomes aware during the course of its normal
duties.
[R.O. 1966 C.S. § 8:24-11]
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 less than $25 nor more than $100
or be imprisoned for a period not to exceed 10 days for each violation.
Each day that such sale shall continue without being duly licensed
shall be considered a separate violation.