[HISTORY: Adopted by the City Council of the City of Paterson 8-7-1979 as Ord. No. 79-067; amended in its entirety 6-25-1991 by Ord. No. 91-031. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FLEA MARKET SALES
- Includes all sales of tangible personal property which are advertised by any means whereby the public at large is or can be made aware of said sales and which are not sponsored by a homeowner and do not take place on the premises of said homeowner.
- GARAGE SALES
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or 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 and which is sponsored by a homeowner and takes place on the premises of said homeowner.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes any occupant, lessee or owner of an individual dwelling unit within the city.
- Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale or flea market sale within the City of Paterson without first filing with the City Clerk the information hereinafter specified and obtaining from such Clerk a license to do so.
The fee for all garage sale licenses shall be and the same is hereby fixed at ten dollars ($10.).
The fee for all flea market licenses shall be fixed at twenty dollars ($20.) per dealer or vendor in the case of multiple dealers or vendors.
In the case of flea markets without multiple vendors, the fee shall hereby be fixed at twenty-five dollars ($25.). The fees for flea market licenses in all cases shall be paid by the organizer of said flea market.
In cases where charitable, religious or civic organizations have applied for licenses, the Municipal Council is empowered to waive said license fee.
No license shall be issued to any one (1) applicant or to cover any one (1) location more than twice within a twelve-month period, and no such license shall be issued for more than two (2) consecutive calendar days. However, where the sale is to be conducted on a Saturday and/or Sunday and the sale shall be postponed because of inclement weather, the applicant will be permitted to hold the sale on the same day of the following weekend. Where the sale is being held during the week and the date is postponed because of inclement weather, the applicant will be permitted to continue the sale on the next clear day.
Any license issued under this chapter must be prominently displayed on the premises upon which the sale is conducted throughout the entire period of the licensed sale. The license shall be a minimum size of eight by eleven (8 x 11) inches and bright orange in color.
The information to be filed with the City Clerk pursuant to this chapter shall be as follows:
The name of person, firm, group, corporation, association or organization conducting said sale.
The name of the owner and/or lessee of the property on which the sale is to be conducted, together with consent in writing by the owner if the applicant is other than the owner.
The location at which the sale is to be conducted.
The number of days of sale and the hours of sale.
Whether or not the applicant has been issued any other vendor's license by any other local, state or federal agency.
An affirmation or sworn statement by the person signing that the information given is true.
A general description of the type of goods to be sold.
The date of any past sale within an eighteen-month period preceding the date of the proposed sale.
All garage sales and flea markets shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
The provisions of this chapter shall not apply to nor affect the following persons or sales:
Persons selling goods according to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their duties and powers as public officials.
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 (5) in number.
This chapter shall be enforced by the Chief of Police or designee.
The Chief of Police shall cause to be investigated any violations of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge. If a violation is found to exist, a complaint shall be prosecuted before the local Municipal Court pursuant to the provisions of this chapter. It shall be the duty of the Police Division of the City of Paterson to bring to the attention of the Chief of Police for further investigation any violations of this chapter of which the Police Division 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 said premises nor permit vehicles to impede the passage of traffic or any roads or streets in the area of such premises or block ingress or egress to driveways of adjoining premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Divisions of the City of Paterson in order to maintain the public health, safety and welfare.
Licenses issued shall be subject to the following restrictions:
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, but not beyond ten (10) feet from the face of the dwelling house.
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.
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.
The applicant for the license or the persons 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 and within twenty-four (24) hours after termination of the activity.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a maximum penalty of a fine of not more than one thousand dollars ($1,000.), imprisonment for not more than ninety (90) days or a period of community service for not more than ninety (90) days, or any combination thereof. Each day that such sale continues without the required license shall be considered a separate violation.