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Borough of Upper Saddle River, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (9) Index
[Added 4-12-1973]
As used in this article, the following terms shall have the meanings indicated:
EXCEPTIONS
Churches, schools and volunteer services are exempt from the regulations governing goods.
[Added 12-28-1995 by Ord. No. 22-95]
GARAGE SALES IN RESIDENTIAL ZONES
Includes all sales entitled "garage sale," "neighborhood garage sales," "lawn sale," "attic sale," "rummage sale," "flea market sale," "neighborhood 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. Excluded from the meaning of this term shall be auctions or similar events at which tangible personal property is sold to the highest bidder.
[Amended 12-28-1995 by Ord. No. 22-95]
GOODS
Includes any household goods, merchandise or other property capable of being the object of a sale regulated hereunder; provided, however, that such goods, merchandise or other property is not purchased and/or brought onto the premises specifically for the purpose of resale.
[Amended 12-28-1995 by Ord. No. 22-95]
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
A. 
It shall be unlawful for any person to conduct a garage sale in the Borough of Upper Saddle River without first filing with the Borough Clerk the information hereinafter specified and obtaining from such Clerk a license to do so, to be known as a "garage sale license." The fee for such license shall be $2.
B. 
Only two such licenses shall be issued for a garage sale at any one particular dwelling or parcel of land within any one calendar year, and no such license shall be issued for more than three consecutive calendar days.
C. 
Each license issued under this article must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
Application for a license shall be made, in writing, to the Borough Clerk at least five days prior to the date of commencement of such sale and shall set forth the following:
A. 
Name of person, firm, group, corporation, association or organization conducting said sale.
B. 
Name of owners 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. 
Date or dates of sale.
E. 
Date and nature of any prior 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. 
General description of the type of goods to be sold, including statement as to whether or not any of said merchandise was purchased by the applicant for the purpose of resale.
H. 
Whether or not sale will be held indoors or outdoors.
Any garage sale authorized under the provisions of this article shall be conducted between the hours of 9:00 a.m. and 7:00 p.m. only.
[Amended 12-13-1995 by Ord. No. 19-95]
A. 
The following shall be the sole signs permitted in connection with garage sales:
(1) 
One on-premises sign not exceeding three square feet in area posted only on the scheduled sale days, which sign shall be removed immediately after the sale has been concluded.
(2) 
Two off-premises signs may be posted on a municipal right-of-way and not on private property, provided that such sign shall be freestanding and shall not exceed three square feet in area, which signs shall be removed within 24 hours after the sale has been concluded.
B. 
The name and address of the licensee shall be posted on the sign.
C. 
No signs shall be permitted to be posted on such structures as telephone poles, street signs, trees or fences.
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 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 in number.
D. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the Zoning Ordinance of the Borough[1] or under the protection of the nonconforming use provisions thereof, or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in the Code.
[1]
Editor's Note: See Ch. 150, Zoning.
It shall be the duty of the Police Department to enforce the provisions of this article.
[Added 12-13-1995 by Ord. No. 19-95]
Except as otherwise provided in this article, any person who violates or refuses to comply with this article shall be liable to a penalty of $100 for each offense.