[Added 4-12-1973]
As used in this article, the following terms
shall have the meanings indicated:
Churches, schools and volunteer services are exempt from
the regulations governing goods.
[Added 12-28-1995 by Ord. No. 22-95]
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]
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]
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.
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.
