[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 7-27-1999 by Ord. No. 99-19. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All sales entitled "garage sale," "tag sale," "porch sale,"
"barn sale," "patio sale," "lawn sale," "yard sale," "attic sale,"
"rummage sale" or "flea market" 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 the sale, and which is sponsored
by a homeowner and takes place on the premises of said homeowner.
Any goods, merchandise or other tangible personal property
capable of being the object of a sale regulated hereunder.
Any occupant, lessee or owner of an individual dwelling unit
within the Borough.
Individuals, groups of individuals, partnerships, voluntary
associations and corporations.
It shall be unlawful for any person to conduct
a garage sale in the Borough without first filing with the Borough
Clerk the information hereinafter specified and obtaining from such
Borough Clerk a license to do so, to be known as a "garage sale license."
The fee for such license shall be $15. The application for a garage
sale license shall be filed with the Borough Clerk at least 10 calendar
days prior to the proposed date of sale. Any license issued under
this chapter shall be prominently displayed on the premises upon which
the sale is conducted throughout the entire period of the licensed
sale.
[Amended 11-9-2021 by Ord. No. 2021-44]
A.
Number
of licenses. Only two such licenses shall be issued for the same premises
within one calendar year. In the event that the premises are sold
or transferred within the calendar year, an additional license may
be issued to the new owner. Further, a separate license may be issued
for each residential unit where more than one residential unit exists
on the same premises.
B.
Duration: A license shall be issued for not more than three consecutive calendar days. A licensed issued pursuant to § 256-2 is valid for a period of 30 days from the date of issuance from the Borough Clerk. After the expiration of 30 days from the original issuance, the homeowner shall be required to obtain a new permit with the appropriate payment. Should the homeowner not proceed with the garage sale on the dates originally indicated on the permit, the homeowner must contact the Borough Clerk's office to amend the permit with the proposed new dates. The proposed new dates must be within 30 days from the issuance of the original permit.
The information to be filed with the Borough
Clerk pursuant to this chapter shall be as follows:
A.
Name, address and phone number of the person, firm,
group of individuals or group per se, corporation, association or
organization conducting the sale. As to a group of individuals, all
names involved must appear; for other categories, the president, secretary
and a contact person if other than those set forth above.
B.
Name, address and phone number of the owner of the
property on which such sale is to be conducted and consent of the
owner if the applicant is other than the owner.
C.
Location where the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
A general description of the type of goods to be sold.
G.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him/her
to be so.
Licenses issued shall be subject to the following
restrictions:
A.
No items of merchandise may be displayed on the street,
front sidewalk and between the front sidewalk and curb of the street.
Merchandise may be displayed in the front yard, driveway or rear yard.
B.
All garage sales shall be conducted between the hours
of 8:00 a.m. and 6:00 p.m. only.
C.
Goods sold shall not include goods acquired by the
applicant for the license or the homeowner solely with a view toward
resale of goods not normally associated with the ownership and use
of residential property.
D.
The use of motor vehicles for the storage or display
of goods being sold at the garage sale is prohibited.
E.
Signs advertising said sale are authorized to be displayed
the day of the sale during the hours permitted by this chapter on
the premises for which the permit is issued. Said signs shall be removed
immediately upon the conclusion of the sale.
F.
Any sale of any item of merchandise at any garage
sale must comply with all appropriate provisions of the law with reference
to any such sales, including but not limited to N.J.S.A. 26:10-1 et
seq. (pertaining to sales of lounges, sofas and mattresses).
G.
The applicant for the license or the person in actual
control of the activity or the agent thereof shall be responsible
for cleaning up the licensed premises between the closing hour of
the first day of operation and the opening hour of the next day of
operation, no less than 12 hours after termination of the activity.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to an order of process
of a court of competent jurisdiction. The person(s) shall be obligated
to provide to appropriate Borough officials a copy of said order of
process if requested.
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 in which separate items do not exceed five in
number.
D.
Any sale conducted by any merchant or other business
establishment from or at a place of business wherein such sale would
be permitted by the Zoning Regulations[1] of the Borough of Paramus, or under the protection of
the nonconformance use section thereof, or any other sale conducted
by a manufacturer, dealer or vendor, which sale is conducted on properly
zoned premises and not otherwise prohibited by any other ordinance
or statute.
E.
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.
[Amended 11-9-2021 by Ord. No. 2021-44]
This chapter shall be enforced by the Paramus
Police Department and Quality of Life Officer. It shall be their duty
to investigate any alleged violations of this chapter and memorialize
their findings in a formal report. An alleged violation can arise
by way of a citizen's complaint or from an officer's own personal
knowledge. If a violation is found to exist, the officer shall prosecute
a complaint before the Borough Municipal Court pursuant to the provisions
of this chapter. It shall be the duty of the Police Department of
the Borough to investigate any violations of this chapter of which
the Police Department becomes aware during the course of its normal
duties.
The person to whom such license is issued and
the owner or tenant of the premises on which such sale or activity
is conducted shall be jointly and severally responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such person shall permit any loud or boisterous
conduct on the premises nor permit vehicles to impede the passage
of traffic on any roads or streets within the area and neighborhood
of such premises. All such persons shall obey the reasonable orders
of any member of the Police or Fire Departments of the Borough of
Paramus in order to maintain the public health, safety and welfare.
[Amended 3-14-2006 by Ord. No. 06-2]
Any person conducting a garage sale without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. Each day that such sale shall continue without being duly licensed shall constitute a separate violation.
