[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Auctioneers — See Ch. 86.
Disorderly conduct — See Ch. 127.
Handbills and posters — See Ch. 178.
[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. III of Ch. 88 of the 1979 Code]
As used in this article, the following terms shall have the meanings indicated:
CLOSEOUT SALE
The sale of goods, wares and merchandise held out or represented to the public, by any means, directly or by implication, as forced sales at reduced prices or as insurance, bankruptcy, mortgage foreclosure, insolvency, removal, loss or expiration of lease or closing-out sales, or as assignees', receivers' or trustees' sales or as sales of goods distrained or as sales of goods damaged by fire, smoke or water.
It shall be unlawful for any person to publish, announce or conduct any closeout sale, as herein in this article defined, without first making application and obtaining a license therefor in compliance with the provisions of this article.
[Amended 5-23-2000 by Ord. No. 00-19]
Applications for licenses under this article, with the appropriate license fee specified in this article, shall be filed with the Municipal Clerk not less than 10 days prior to the date on which the proposed closeout sale is scheduled to be announced or to commence, who shall submit the application to the Chief of Police for his or her approval. No such license shall be issued by the Municipal Clerk without the approval of the Chief of Police.
Applications for licenses pursuant to this article shall set forth and contain the following information:
A. 
The true names and addresses of the owners of the goods to be the object of the sale.
B. 
A description of the place where such sale is to be held, together with the nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
C. 
The proposed commencement date of the closeout sale and the period of time during which such sale is to be conducted.
D. 
A full and complete statement of the facts in regard to the reasons for the proposed closeout sale and in regard to the manner in which the sale will be conducted.
E. 
The means to be employed in advertising said sale, together with the proposed content of advertisements thereof, including without limitation advertisements in publishing media, by radio or television or by posting or display upon the premises where the proposed closeout sale is to be held, together with the proposed date of the announcement of the sale.
F. 
A complete inventory of the goods to be sold at said sale. Said inventory shall be attached to and become part of the application.
[Amended 3-31-1987 by Ord. No. 87-12]
The fees for licenses issued under this article shall be:
A. 
For a period of 30 days: $50.
B. 
For a period of 60 days: $75.
C. 
For a period of 90 days: $100.
The Chief of Police may, in his or her discretion, investigate and verify the information and details contained in the application and inventory furnished by the licensee, and the items of goods, wares or merchandise sold pursuant to any closeout sale licensed under this article. No licensee shall fail, refuse or neglect to keep accurate records of all items, goods, wares or merchandise sold pursuant to such licensed closeout sale. Such records shall be kept in such form as to enable the Chief of Police to ascertain the kind, quantity, number, cost and sale prices of items sold. No licensee shall fail or refuse, on the request of the Chief of Police, to give to the Chief of Police or his or her designated representative during the continuance of any licensed closeout sale all facts relating to stock on hand, full and accurate information as to items offered or sold or any other information which the Chief of Police may require in order to make a thorough investigation of all matters relating to any licensed closeout sale or the disposition of goods, wares or merchandise pursuant thereto.
It shall be unlawful to sell, offer or expose for sale at any closeout sale licensed under this article any goods, wares or merchandise other than the goods, wares and merchandise set forth in the inventory attached to the application for a license under this article, or to make any replenishment of or additions to the stock of goods, wares or merchandise included in such closeout sale, but nothing herein contained shall be deemed to prevent replenishments of or additions to stocks of goods, wares and merchandise not subject to such closeout sale, provided that in the event that a licensed closeout sale does not include the entire stock of goods, wares and merchandise of the store or other place of business of the licensee, goods, wares and merchandise offered for sale pursuant to the licensed closeout sale shall be clearly identified.
This article shall not apply to sales by trustees in bankruptcy, executors, administrators, receivers or public officers acting under judicial process.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Adopted by the Council of the Township of Montclair 7-25-1995 by Ord. No. 95-30]
As used in this article, the following terms shall have the meanings indicated:
GARAGE SALE
All general sales open to the public in zones designated "residential," conducted for the purpose of disposing, by sale, barter or otherwise, of personal property, including but not limited to all sales entitled "garage," "lawn," "house," "estate," "auction," "yard," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage" sales.
[Amended 11-10-1998 by Ord. No. 98-46]
PERSON
Includes individuals, natural persons, corporations, partnerships, voluntary associations, homeowner associations, unincorporated associations and family groups.
PERSONAL PROPERTY
Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living or in maintaining a residence.
[Amended 11-10-1998 by Ord. No. 98-46; 7-7-2009 by Ord. No. O-032-09]
It shall be unlawful for any person to conduct a garage sale within the Township of Montclair without first obtaining a permit from the Municipal Clerk. The fee for such permit shall be $10 per garage sale, which fee shall be nonrefundable. No garage sale shall be permitted for more than two days, which days shall be consecutive. No person shall conduct more than two garage sales in any one calendar year. No premises shall be the subject of more than two garage sales in any one calendar year. All sales regulated hereunder shall be limited to personal property as same is defined by this article.
For the purpose of this article, any person desiring to secure a permit to conduct a garage sale shall, at least one week prior to the date and time set for such sale, complete and submit to the Municipal Clerk an application for the issuance of a permit and shall pay the required fee. Said application shall be in such form as the Township may establish and contain the following information:
A. 
The location of the proposed garage sale.
B. 
The dates and times of such proposed sale.
C. 
The names of the owners of the premises on which the proposed garage sale is to be conducted.
D. 
The name or names of the person or persons other than the owners, if any, who will be conducting said proposed garage sale. Where the nature of such sale is an auction or if an auctioneer is conducting said sale, the provisions of Chapter 86, Auctioneers, must be complied with, including § 88-6 requiring 10 days' notice of such sale to the Township, and the items to be sold must be available for inspection within 24 hours prior to the opening of such sale.
[Amended 11-10-1998 by Ord. No. 98-46]
The Municipal Clerk shall receive the application and accept the required filing fee and, if upon review of the application, the same is in compliance with the requirements of this article and any regulations promulgated hereunder, shall issue the permit, and said Municipal Clerk shall number the applications and permits in chronological order.
All garage sales shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. only.
No signs for advertising or directing customers are to be posted on any place other than the premises where the sale is to be held. The sign shall not exceed six square feet in size and shall not be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
[1]
Editor's Note: See Ch. 277, Signs.
No permit issued by the Township shall be transferable by the permittee to any other person, nor shall the place of the sale be changed without cancellation of the permit and issuance of a new permit, upon application and payment of the required fee for the new location.
A. 
This article shall be enforced by the Township Code Enforcement Officer.
B. 
The permittee is hereby made responsible for the maintenance of good order and decorum on the premises during the hours of such garage sale.
C. 
No permittee shall permit any loud or boisterous conduct on the premises where the sale is being held or permit vehicles to impede passage of the traffic on any roads or streets in the area of the premises where the sale is being conducted.
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 bona fide, charitable, eleemosynary, educational, cultural or other organization or association organized not for profit. The production of a certified copy of a certificate of incorporation pursuant to N.J.S.A. 15A:1-1 et seq. shall be presumptive evidence of the right of such organization to this exemption.
[Amended 11-10-1998 by Ord. No. 98-46; 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.