[HISTORY: Adopted by the Municipal Council
of the City of Clifton 1-2-2002 by Ord. No. 6249-02. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes but shall not be limited to lawn sales, attic sales,
estate sales, or any other similar sale of tangible used goods whether
advertised by any means, or not advertised, whereby the public at
large is made aware of said sale.
[Amended 12-2-2014 by Ord. No. 7192-14]
Unwanted personal property which is the object of a sale
regulated hereunder.
Includes the sale of the entire contents of the personal
property located within said household.
A.
It shall be unlawful for any person to conduct any
sale regularly by this chapter without first obtaining a permit from
the City Clerk. The fee for such permit shall be fixed at $10.
[Amended 2-15-2011 by Ord. No. 6930-11]
B.
The City Clerk shall have permit forms available, which permit shall
include the following information:
[Amended 12-2-2014 by Ord. No. 7192-14]
C.
No sale shall take place without the necessary permit being in the
possession of the holder of the sale at the time of the sale.
[Amended 12-2-2014 by Ord. No. 7192-14]
D.
If the permit holder decides not to hold the sale for any reason,
no refunds will be issued.
[Added 12-2-2014 by Ord. No. 7192-14]
A.
All sales regulated by this chapter to be held in
a residential neighborhood shall be conducted between the hours of
9:00 a.m. and 6:00 p.m.
B.
All sales regulated by this chapter to be held in
any other zone shall be conducted between the hours of 9:00 a.m. and
8:00 p.m.
C.
A sale in a residential zone shall be conducted for
no more than three consecutive days. However, in the event that any
sale is interrupted by rain and the sale had not been conducted for
more than five consecutive hours, the permit holder may reschedule
that sale day with the new sale day to be held within 14 days of the
canceled date as specified on the permit.
[Amended 8-16-2011 by Ord. No. 6975-11; 12-2-2014 by Ord. No.
7192-14]
[Amended 12-2-2014 by Ord. No. 7192-14]
A permit required in accordance with this chapter may be issued
for the same location no more than two times in a calendar year.
A.
The permit holder shall:
(1)
Make no additions during the permit period to the
goods originally offered, except such goods as shall have been in
his/her possession prior thereto. No goods shall be acquired by the
permit holder for the purpose of resale.
(2)
Not place any goods or other materials in the public
right-of-way or in any other way interfere with the free flow of pedestrian
or vehicular traffic.
(3)
Comply with the provisions of this chapter and any
other applicable codes and regulations of the City of Clifton, County
of Passaic, State of New Jersey.
(4)
Display the permit on the premises during the entire
period of the sale.
(5)
Not offer new merchandise or goods for sale that were
purchased for the purpose of the sale.
B.
Permit holders shall notify the City Clerk, within 72 hours, of the
new date for the garage sale if any day of the sale is interrupted
by rain and the sale had not been conducted for more than five consecutive
hours.
[Amended 8-16-2011 by Ord. No. 6975-11; 12-2-2014 by Ord. No.
7192-14]
C.
The person to whom the permit is issued shall be responsible
for the maintenance of good order and decorum on the premises during
all hours of such sale.
The provisions of this chapter shall not apply
to or affect persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
[Amended 12-2-2014 by Ord. No. 7192-14]
A person holding a sale in accordance with this chapter shall
abide by the Sign Ordinance of the City of Clifton[1] and shall not attach any signs to any public utility pole,
lamppost, public sign or like structure, nor locate any signs within
or so as to project over any part of any street right-of-way or any
public property.
This chapter shall be enforced by the Police
Department, the Health Department, the Housing Department, the Zoning
Officer, and any other employee of the City of Clifton empowered to
do so by the City Manager.
A.
A violation of any provision of this chapter shall
subject the violator to a fine not to exceed $1,000, or imprisonment
for not more than 90 days, or both.
