[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 12-11-1997 by Ord. No. 1149. Amendments noted where
applicable.]
It is the conclusion of the Township Council
of the Township of Saddle Brook that unrestricted casual sales within
the Township, such as garage sales, rummage sales, lawn sales, attic
sales, etc., have a negative impact upon the health, safety and welfare
of the residents of Saddle Brook. The negative impact is a result
of parking and traffic violations, litter, neighborhood disturbances
and improper posting of signs. It is the Township Council's desire
to allow the continuance of such sales but to restrict those sales
in such a manner as to reduce their impact upon the residents of Saddle
Brook.
As used in this chapter, the following terms
shall have the meanings indicated:
Any sale entitled "garage sale," "yard sale" or any similar
casual sale of tangible personal property held upon a driveway, garage
or upon a lawn of a private residence. "Flea markets," as they are
commonly known, are not covered by this chapter.
Any location or address for a private residence.
A.
A maximum of three consecutive days shall constitute
one garage sale.
B.
No household shall conduct a garage sale more than
two times in a calendar year.
C.
All garage sales are limited to the hours between
9:00 a.m. and 6:00 p.m. on any given day.
D.
All signs are regulated by the Code of the Township
of Saddle Brook.
A.
At least one week prior to the start of any garage
sale, written notice of a household's intention to conduct a garage
sale must be received by Township Clerk, containing the following
information:
(1)
The name and address of the individual(s) conducting
the sale.
(2)
The name of the owner of the property at the location
of the sale.
(3)
The responsible person(s) in charge of the sale.
(4)
Phone number where person(s) in charge of sale can
be reached on the day of the sale and during the week prior to sale.
(5)
Dates and times of sale.
(6)
Date of previous sale at the location in question.
B.
The Township Clerk should maintain an annual list.
All persons are prohibited from making or displaying signs advertising garage sales except as provided under § 206-65 of the Code of the Township of Saddle Brook.
The Township Clerk may grant an exemption to
restrictions of this chapter upon consultation with the Chief of Police.
This chapter shall be enforced by the Police
Department of the Township of Saddle Brook.
Any individual, household or property owner
violating any of the provisions of this chapter shall pay a minimum
fine of $100 and a maximum fine of $200. If any person convicted defaults
on payment of these fines, he or she shall be imprisoned in the county
jail for a period not exceeding 90 days, the term of which shall be
at the discretion of the Judge before whom the conviction was found.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to an order to 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 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 from or at a place of business wherein
such sale would be permitted by the Zoning Regulations of the Township
of Saddle Brook[1] or under the protection of the nonconforming use section
thereof or any other sale conducted by a manufacturer, dealer or vendor
and which sale would be conducted from properly zoned premises and
not otherwise prohibited in the Code of the Township of Saddle Brook.
F.
Any bona fide charitable, eleemosynary, 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.
Organizations claiming this exemption must apply for a permit and
use signs provided by the Township; however, the fee for such permit
shall be waived.
[Added 3-19-1998 by Ord. No. 1154]
A permit fee of $5 shall be paid to the Township of Saddle Brook by any applicant seeking to hold or conduct a garage sale or related enterprise or activity. Such five-dollar fee shall be imposed for each garage sale or related enterprise or activity, which garage sale or related enterprise or activity is not to continue for more than two consecutive days, unless elsewhere specified within Chapter 99 of the Saddle Brook Code. All fees specified hereunder shall be paid prior to the issuance of any permit authorizing the conduct of such garage sale or related enterprise or activity.
