[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades
Park 4-20-1999 by Ord. No. 1325. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales in residential zones of the Borough of Palisades
Park under the following category: garage sale, lawn sale, attic sale, rummage
sale, flea market sale, estate sale or any casual sale of tangible personal
property which is advertised by any means where the public at large is or
can be made aware of said sale.
Includes any goods, merchandise or other property capable of being
the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
A.
It shall be unlawful for any person to conduct a garage
sale within the Borough of Palisades Park without first obtaining a permit
therefor from the Borough Clerk. No garage sale shall be licensed for more
than two days, which shall be consecutive. No person shall conduct more than
two garage sales in any one calendar year. No premises shall be the subject
of more than two garage sales in any one calendar year.
B.
The fee for obtaining said permit shall be $5 per garage
sale, which must be paid upon the filing of the application for a permit.
This fee shall be paid in the form of a check or money order payable to the
Borough of Palisades Park.
Each license issued pursuant to the terms of this chapter is required
to be prominently displayed on the premises upon which the garage sale is
conducted throughout the entire period of the licensed sale.
The information to be filed with the Borough Clerk, pursuant to this
chapter, shall be as follows:
A.
The name of the person, firm, group, corporation, association
or organization conducting the sale.
B.
The name of the owner of the property on which said sale
is to be conducted, and consent of owner if applicant is other than owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of sale (not to exceed two days).
E.
The date and nature of any past sale.
F.
The relationship or connection the applicant may have
had with any other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sales.
G.
Whether or not applicant has been issued any other vendor's
license by any local, state or federal agency.
H.
The number, nature and location of signs.
I.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
All garage sales shall be conducted between the hours of 9:00 a.m. and
sundown.
Temporary signs are permitted only on the days of the sale and only
on the premises on which the sale is to take place. No temporary signs are
permitted on public property or within any public right-of-way or sidewalk.
This requirement extends to trees, telephone poles and street or traffic signs.
All temporary signs are to be removed simultaneously with the ending of the
sale. No more than two signs advertising the garage sale shall be permitted
on the premises, and no sign shall be more than four square feet in size.
The following persons and sales shall be excepted:
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 Chapter 167, Land Use and Development, of the Borough of Palisades Park or under the protection of the nonconforming use section 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 ordinances.
E.
Any bona fide charitable, 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 the exemption. Any such sale shall be conducted only on the premises
owned or occupied for exempt purposes by the exempt organization.
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 or permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises.
This chapter may be enforced by any officer of the Borough of Palisades
Park, including the Police Department and the Building Department. It shall
be the duty of such officer to investigate any reported violation. Any such
official shall be required to act in any manner necessary in order to assist
in the enforcement and provisions of this chapter.
Any person found guilty of violating any provision of this chapter shall,
upon conviction of the same, be fined a sum not to exceed $100 for each offense.
Each day in violation of any provision of this chapter shall constitute a
separate offense.
