[HISTORY: Adopted by the City Council of
the City of Hackensack as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-4-1959 by Ord. No. 701]
As used in this article, the following terms
shall have the meanings indicated:
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held out in such a manner as to reasonably cause the
public to believe that upon the disposal of the stock of goods on
hand the business will cease and be discontinued, including but not
limited to the following sales: adjuster's; adjustment; alteration;
assignee's; bankrupt; benefit of administrators'; benefit of creditors';
benefit of trustees'; building coming down; closing; creditor's committee;
creditor's, end; executor's; final days; forced out; forced out of
business; insolvents; last days; lease expires; liquidation; loss
of lease; mortgage sale; receiver's; trustee's; quitting business.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location or will then continue business from other existing locations.
[Amended 4-15-1974 by Ord. No. 1-74]
A license issued by the City Clerk, bearing
a license number and the date on which the license was issued, shall
be obtained by any person before selling or offering to sell any goods
at a sale to be advertised or held out by any means to be one of the
following kinds as herein defined:
A.
Established business requisite. Any person who has
not been the owner of a business advertised or described in the application
for a license hereunder for a period of at least six months prior
to the date of the proposed sale shall not be granted a license, provided
that upon the death of a person doing business in the city, his or
her heirs, devisees, legatees or representatives shall have the right
to apply at any time for a license hereunder.
B.
Interval between sales. Any person who has held a
sale, as regulated hereunder, at the location stated in the application,
within one year past from the date of such application, shall not
be granted a license.
C.
Restricted location. Where a person applying for a
license hereunder operates more than one place of business, the license
shall apply only to the one store or branch specified in the application
and no other store or branch shall advertise or represent that it
is cooperating with it or in any way participating in the licensed
sale, nor shall the store or branch conducting the licensed sale advertise
or represent that any other store or branch is cooperating with it
or participating in any way in the licensed sale.
D.
Persons exempted. The provisions of this article shall
not apply to or affect persons acting pursuant to an order or process
of a court of competent jurisdiction; persons acting in accordance
with their powers and duties as public officials; duly licensed auctioneers
selling at auction;[1] any publisher of a newspaper, magazine or other publication
who in good faith publishes any advertisement without actual knowledge
of its false, deceptive or misleading character or without actual
knowledge that the provisions of this article have not been complied
with.
[Amended 4-15-1974 by Ord. No. 1-74]
A person desiring to conduct a sale regulated by this article shall make a written application to the City Clerk, setting forth and containing the information required by § 107-6B of Chapter 107, Licenses and Permits, as well as the following information:
A.
The true name and address of the owner of the goods
to be sold.
B.
The true name and address of the person from whom
the goods to be sold were purchased and the price paid therefor, and
if not purchased, the manner of such acquisition.
C.
A description of the place where such sale is to be
held.
D.
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
E.
The dates of the period of time in which the sale
is to be conducted.
F.
A full and complete statement of the facts in regard
to the sale, including the reason for the urgent and expeditious disposal
of goods thereby and the manner in which the sale will be conducted.
G.
The means to be employed in advertising such sale,
together with substantially proposed content of any advertisement.
H.
A complete and detailed inventory of the goods on
the premises to be sold at such sale as disclosed by the applicant's
records, such inventory to be accurate both as to quantity and wholesale
valuation. Said inventory shall be attached to and become a part of
the application required under this article. All goods included in
such inventory shall have been purchased by the applicant for resale
on bona fide orders without cancellation privileges and shall not
comprise goods purchased on consignment. Such inventory shall not
include goods ordered in contemplation of or for the purpose of conducting
any sale regulated hereunder. Any unusual purchase or additions to
the stock of goods of the applicant made within 60 days before the
filing of an application hereunder shall be deemed to be of such character.
I.
A statement shall be attached to the inventory required by Subsection H above, prepared and signed by a certified public accountant licensed to do business in the State of New Jersey, certifying to the accuracy of the inventory, both as to completeness and detail, particularly as regards the quantity of each item listed and the total wholesale valuation of the inventory.
No license provided for in this article shall
be issued unless and until all taxes and assessments, fees and charges
due the City of Hackensack have been paid.
[Amended 4-15-1974 by Ord. No. 1-74]
Any applicant for a license hereunder shall submit to the City Clerk, with the application, the license fee set forth in Chapter 107, Licenses and Permits. Renewal fees shall also be paid as provided in said chapter.
A.
License period and renewal procedure. The license
shall authorize the sale described in the application for a period
of not more than 30 business days following the issuance thereof.
The City Clerk shall renew a license for one period of time only,
such period to be in addition to the 30 business days permitted by
the original license, renewal of the license to be for a period not
to exceed 30 business days, when the City Clerk finds that facts exist
justifying the license renewal, that the licensee has filed a written
application for said renewal and that the licensee has submitted with
the application for renewal a revised inventory showing the items
listed on the original inventory remaining unsold and not listing
any goods not included in the original application and inventory.
For the purposes of this subsection, any application for a license
under the provisions of this article covering goods previously inventoried
as required hereunder shall be deemed to be an application for renewal,
whether presented by the original applicant or by any other person.
[Amended 4-15-1974 by Ord. No. 74-1; 2-2-1981 by Ord. No.
4-81]
B.
Nature of sale. The license shall authorize only one
type of sale described in the application at the location named therein.
C.
Salable goods. The license shall authorize only the
sale of goods described in the inventory attached to the application.
D.
Surrender of general license. Upon being issued a
license hereunder for a going-out-of-business sale, the licensee shall
surrender to the City Clerk all other business licenses he may hold
at that time applicable to the location and goods covered by the application
for a license under this article.
[Amended 4-15-1974 by Ord. No. 1-74]
E.
Nontransferability. Any license herein provided for
shall not be assignable or transferable.
A licensee hereunder shall:
A.
Adhere to inventory. Make no additions whatsoever
during the period of the licensed sale to the stock of goods set forth
in the inventory attached to the application for the license.
B.
Certify to each week's sales. Submit a statement,
prepared and signed by a certified public accountant licensed to do
business in the State of New Jersey, to the City Clerk, containing
a complete and detailed listing of each week's sales, indicating the
exact quantity sold of each inventoried item and the total wholesale
valuation thereof. Such statement shall be submitted to the City Clerk
by the end of the next business day following the week for which the
report is being made, and all business shall be discontinued when
the cumulative total of either the quantity or wholesale valuation
given in the certified inventory filed with the application is reached;
provided, however, that this provision shall not be interpreted so
as to permit the continuance of business beyond the date specified
for such sale in the license.
[Added 4-15-1974 by Ord. No. 1-74]
C.
Advertise properly. Refrain from employing any untrue,
deceptive or misleading advertising, and in any advertisement by handbills,
circulars, placards, signs, notices, newspapers or publication or
other advertising, include therein the number and date of the license
issued by the City Clerk.
[Amended 4-15-1974 by Ord. No. 1-74]
D.
Adhere to advertising. Conduct the licensed sale in
strict conformity with any advertising or holding out incident thereto.
E.
Keep duplicate inventory. Keep available at the place
of sale a duplicate of the inventory submitted with the application
and present the same to inspecting officials upon request.
F.
Segregate noninventoried goods. Keep any noninventoried
goods separate and apart from the sale goods and make such distinction
clear to the public.
G.
Cease business at conclusion of sale.
[Added 9-16-1968 by Ord. No. 935]
(1)
The licensee of a going-out-of-business sale or a
removal-of-business sale where said removal is to a location outside
of the city limits of the City of Hackensack shall not continue the
business beyond the date specified for such sale and shall not, upon
conclusion of such sale, continue the business under the same or different
name in the same location or elsewhere in the City of Hackensack.
(2)
The licensee of a removal-of-business sale where said
removal is to a location within the city limits of the City of Hackensack
shall not continue the business beyond the date specified for such
sale and shall not, upon conclusion of such sale, continue the business
under the same or different name in the same location in the City
of Hackensack.
H.
Remove signs. Upon vacation of the building after
conclusion of the sale and cessation of business, remove all existing
exterior signs and sign, supports at once.
[Added 4-15-1974 by Ord. No. 1-74]
[Added 2-2-1981 by Ord. No. 4-81]
A.
If any person violates any of the provisions of this
article or any rule, regulation or license promulgated or issued pursuant
to the provisions of this article, the City of Hackensack may institute
a civil action in a court of competent jurisdiction for injunctive
relief to prohibit and prevent such violation or violations.
B.
Any person who violates the provisions of this article
or any rule, regulation or terms of any license promulgated or issued
pursuant to this article shall be liable to a penalty of not less
than $100 nor more than $500 for each offense. If the violation is
of a continuing nature, each day during which it continues shall institute
an additional, separate and distinct offense.
[Adopted 10-18-2022 by Ord. No. 47-2022]
The City Council finds and declares that there are being conducted
within the City garage, rummage or yard sales, sometimes at the same
locations, throughout the course of the year where various items are
being offered for sale. Such commercial activity in residential areas,
if not properly regulated, may adversely affect the character of the
community, generate excessive traffic, and present a health and safety
hazard. The purpose of this article is to place certain restrictions
upon such sales so that they are limited to City residents at residential
properties and are conducted in a safe and orderly manner.
As used in this article, the following terms shall have the
meanings indicated:
The sale or auction to dispose of a substantial portion of
the physical assets, suited primarily for household or personal use,
owned by a person who is recently deceased.
A public sale of personal property at a residential property
in the City of Hackensack, which personal property is owned by the
resident of the property where the sale is held. This term shall encompass
any such sale regardless of whether it is called a "garage sale,"
"rummage sale," "yard sale," or some other term. This definition shall
not include a circumstance where no more than five specific items
are held out for sale and all advertisements for such sale specifically
name those items to be sold.
The owner of a residential dwelling named in the deed granting
title to the property and who actually resides at the property, or
a tenant of a residential dwelling named in the lease authorizing
occupancy of the property and who actually resides at the property,
along with members of their immediate family who actually reside at
the property and are at least 18 years old.
Property that contains a dwelling that is used for private
residential living, such as a single- or multifamily house, apartment,
condominium, cooperative, or townhouse.
A.
Only residents of the City of Hackensack are permitted to conduct
a garage, rummage or yard sale within the City of their own personal
property. The sale of items that are not owned by the resident conducting
the garage, rummage or yard sale is prohibited.
B.
Merchandise to be sold at a garage, rummage or yard sale shall be
merchandise that has been previously used or can be characterized
as used merchandise. It is prohibited to sell new merchandise, or
merchandise that has been purchased for resale by the resident conducting
the sale, or merchandise that is sold in bulk as from a carton, crate,
bushel or other container not commonly used in retail business.
C.
Any resident of the City of Hackensack at least 18 years old may
conduct a garage, rummage or yard sale at his or her residential property,
provided it is held in accordance with the provisions of this article.
No permit shall be required to do so, nor shall any fee be charged
by the City.
D.
No garage, rummage or yard sale shall be held except at a residential
property as defined in this article.
E.
A resident shall be limited to no more than one garage, rummage or
yard sale in any one calendar year at the same residential property,
with the sale not to exceed two consecutive calendar days in length.
If the sale is to exceed more than one calendar day, at the completion
of the first day of sale all indicia of the ongoing sale shall be
temporarily removed from public view until no earlier than 8:00 a.m.
the following morning.
F.
A garage, rummage or yard sale shall not commence earlier than 9:00
a.m. and shall end not later than 6:00 p.m. A resident may begin preparations
for the sale that are publicly visible no earlier than 8:00 a.m.,
and following the conclusion of the sale all publicly visible indications
of the sale must be removed no later than 7:30 p.m.
G.
Garage, rummage or yard sales shall be conducted within the property
lines of the residential property, and no items offered for sale shall
be placed on or within five feet of any sidewalk, street or public
right-of-way.
H.
No garage, rummage or yard sale shall impede the passage of pedestrian
or vehicular traffic on any roads, streets or sidewalks in the area
of the premises where the sale is being held, which further includes
roads, streets or sidewalks wholly contained within an apartment complex,
condominium complex, townhouse complex, or other similar type of residential
complex.
I.
A garage, rummage or yard sale conducted in an apartment complex,
condominium complex, townhouse complex, or other similar type of residential
complex must be authorized in advance by the landlord or the condominium,
homeowners' or other association responsible for the operation
or governance of the complex, whichever is applicable. Such permission
must be in writing and shall be provided upon request to any enforcing
official of the City by the resident conducting the sale. No more
than two garage, rummage or yard sales may collectively take place
during a calendar year at an apartment complex, condominium complex,
townhouse complex, or other similar type of residential complex, although
multiple residents may collectively participate in a sale authorized
by the landlord or the condominium, homeowners' or other association
responsible for the operation or governance of the complex.
J.
The resident conducting the garage, rummage or yard sale shall be
responsible for the maintenance of good order and decorum on the premises
during all hours of such sale activity, the items for sale must be
displayed in a neat and orderly fashion, and no amplified sound shall
be permitted.
K.
Secondhand wearing apparel, bed clothing, used mattresses and used
box springs must be disinfected prior to sale so as to reasonably
assure the health and safety of the subsequent wearer or user. Used
mattresses and box springs must be encased in plastic, polyethylene
film, or similar material designed to prevent the transfer of insects
or other contaminants. The Health Officer is authorized to establish
specific requirements regarding compliance with this provision.
L.
Signs advertising an estate sale, whether or not self-standing, may
not be placed on or project over any public property, street or sidewalk,
or be attached to any lamppost, utility pole or other utility infrastructure.
Signs on private property may be placed no more than seven days prior
to the first date of the sale and must be removed no later than 24
hours following the completion of the sale.
M.
No food or beverages may be sold or offered free at a garage, rummage
or yard sale, except that individual hygienically sealed bottles of
water may be offered on a complimentary basis.
N.
Except as set forth herein, "flea markets," defined as the outdoor
sale of items by multiple independent vendors at a particular location
that has not been specifically zoned for such commercial activity,
are prohibited anywhere in the City, regardless of whether or not
one of the vendors is a resident of the property where the sale is
occurring. A benevolent, fraternal, religious, charitable, service
or other similar nonprofit organization which is located and operates
within the confines of the City may, where the primary purpose of
the above-named organizations is to raise revenue for charitable purposes,
conduct a flea market under such terms and conditions as may be determined
by the City Manager no more than one time per calendar year for no
more than two consecutive days.
A.
A single estate sale may be held within 90 days after the death of
the owner of a residential dwelling named in the deed granting title
to the property and who resided at the property prior to death, or
a tenant of a residential dwelling named in the lease authorizing
occupancy of the property and who actually resided at the property
prior to death.
B.
An estate sale must take place entirely within the interior of the
residential dwelling, and no items being sold shall be placed outdoors
or in an area where they are in view of the general public not attending
the estate sale.
C.
An estate sale may take place over no more than two consecutive days,
and the sale of items at the estate sale shall be limited to between
9:00 a.m. and 6:00 p.m. each day.
D.
An estate sale must be conducted by the legally authorized representatives
of the estate, who may contract with an estate sale company or liquidator
to assist such legally authorized representatives in organizing and
arranging the sale of the contents of the estate.
E.
An estate sale taking place at apartment complex, condominium complex,
townhouse complex, or other similar type of residential complex must
be authorized in advance by the landlord or the condominium, homeowners'
or other association responsible for the operation or governance of
the complex, whichever is applicable. Such permission must be in writing
and shall be provided upon request to any enforcing official of the
City by the resident conducting the sale.
F.
Secondhand wearing apparel, bed clothing, used mattresses and used
box springs must be disinfected prior to sale so as to reasonably
assure the health and safety of the subsequent wearer or user. Used
mattresses and box springs must be encased in plastic, polyethylene
film, or similar material designed to prevent the transfer of insects
or other contaminants. The Health Officer is authorized to establish
specific requirements regarding compliance with this provision.
G.
Signs advertising an estate sale, whether or not self-standing, may
not be placed on or project over any public property, street or sidewalk,
or be attached to any lamppost, utility pole or other utility infrastructure.
Signs on private property may be placed no more than seven days prior
to the first date of the sale and must be removed no later than 24
hours following the completion of the sale.
This article shall be enforced by the Police Department, the
Zoning Officer, Construction Official and such other employees, officers
or agents of the City that may be designated by the City Manager.
