[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia
10-4-1982 by Ord. No. 949 as Ch. 114 of the 1982 Code (Ord. No. 730).
Amendments noted where applicable.]
The following terms as used herein shall be defined as follows:
All sales often referred to as "garage sale," "lawn sale," "driveway
sale," "rummage sale" or "flea market sale" or any similar or casual sale
of tangible personal property, which is advertised by any means, whereby the
public at large is or can be made aware of such sale.
Tangible personal property capable of being the object of a garage
sale.
Individuals, partnerships, corporations, voluntary associations or
organizations.
A.
No person shall conduct a garage sale within the Borough of Leonia without first obtaining a garage sale license from the Borough Clerk. The fee for said license shall be as set forth in Chapter 123, Fees.
B.
Only two such licenses shall be issued for garage sales
at any one particular dwelling or parcel of land within any one calendar year.
Each such license shall authorize a garage sale for a period of not longer
than three consecutive calendar days and shall be prominently displayed on
the premises upon which the garage sale is authorized, during the authorized
hours, throughout the entire period of the licensed sale.
Application for a license shall be made, in writing, on a form provided
by the Borough Clerk, at least seven days prior to the date of the commencement
of such sale. The form provided by the Borough Clerk shall set forth the following:
A.
The name of the person conducting said sale.
B.
The name of the owners of the property upon which the
sale is to be conducted and the consent of the owner, if the applicant is
other than the owner.
C.
The sale dates.
D.
The date and nature of prior sale.
E.
The relationship of the applicant to the holder of prior
license issued to the same property.
F.
The general description of the type of goods to be sold,
including a statement that said goods were not purchased for the purpose of
resale.
Garage sales shall be conducted, exclusively, between the hours of 9:00
a.m. and 7:00 p.m.
The advertisement of a garage sale shall be regulated as follows:
The provisions of this chapter 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 the 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 recognized nonprofit, civic or religious organization,
such as church or synagogue, veterans' organization, health organization,
school, etc.
E.
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 Chapter 290, Zoning, 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.
The Borough Clerk shall keep the Chief of Police informed of all permits,
and the dates thereof, which the Clerk shall issue pursuant to this chapter.
It shall be the duty of the Police Department to enforce the provisions of
this chapter.
Any person violating any provision of this chapter shall, upon conviction, be subject to the penalty as set forth in Chapter 1, Article I, General Penalty. Each and every nonconformance with this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.
