[Adopted 12-17-1990 as Sec. 5-1 of the 1990 Code]
It shall be unlawful for any person, firm, corporation,
club or charitable organization or institution to sell, display or
offer for sale any goods, merchandise or tangible personal property,
on any public sidewalk, street or alley in the Town without first
submitting an application and obtaining a permit from the Mayor for
such sale as set forth herein. The date of such sale shall be held
only on such dates as approved by resolution of the Mayor and Board
of Aldermen.
Except for bona fide charitable, eleemosynary, educational, civic or cultural organizations or institutions organized not for profit which are located in the Town, no person, firm, or corporation shall be eligible to obtain a permit for such sales as set forth in §
225-1, unless the applicant shall have been continuously engaged in business within the Town for 90 days prior to the date of the sale.
The permit herein authorized, when granted,
shall be prominently displayed upon the premises upon which or in
front of which the sale is conducted during the entire period of the
sale.
No public walk shall be blocked by any merchandise
offered for sale hereunder. A two-foot passageway for pedestrians
shall be left open, and merchandise shall be securely and adequately
placed so that it will not endanger passersby. Such sales shall not
be operated in any manner which would cause a nuisance, or create
a fire hazard.
This article shall be enforced by the Police
Department. All licensed premises shall be subject to inspection by
the Police Department or any other duly authorized representative
of the Town.
The provisions of this article 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 sale regulated under other provisions of the Code
of the Town of Boonton.
Any person, firm, corporation, merchant, club or charitable organization or institution violating or failing to comply with any of the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter
1, General Provisions, Article
III, General Penalty. Each day of sale in violation of any or all provisions of this article shall be a separate offense.
[Adopted by Ord. No. 27-98]
As used in this article, the following terms
shall have the meanings indicated:
GARAGE SALES
All sales commonly referred to as a "garage sale," "lawn
sale," "attic sale," "rummage sale," "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.
The information to be filed with the Town Clerk
pursuant to this article shall be as follows:
A. Name of person, firm, group, corporation, association
or organization conducting said sale.
B. Name of owner of the property on which said sale is
to be conducted and consent of owner if applicant is other than owner.
C. Location at which sale is to be conducted.
D. Number of days of sale, not to exceed four consecutive
days.
E. Date and nature of any past sale.
F. Relationship or connection 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 applicant has been issued any other
vendor's license by any local, state or federal agency.
H. Sworn statement or affirmation by the person signing
that the information therein given is full and true and known by him
to be so.
Signs shall be regulated in accordance with Chapter
233, Signs, §
233-10, General regulations, of the Code of the Town of Boonton. The licensee shall not post signs advertising the sale until 48 hours prior to the event and must remove all signs within 24 hours of the end of the sale.
All garage sales shall be conducted between
the hours of 8:00 a.m. and 8:00 p.m. only.
[Amended 4-3-2023 by Ord. No. 2-23]
The provisions of this article 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. Religious and/or nonprofit organizations shall be exempt as to any fees referenced pursuant to §
225-10 and §
130-19, but must still file an application and receive a garage sale license prior to any garage sale, "flea market," other any other such casual sales event.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violations of this article shall be subject to a penalty pursuant to Chapter
1, General Provisions, Article
III, General Penalty.
For purposes of this article, the Police Department
and the Code Enforcement Officer are designated as enforcing agents.