[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 1-1-1982 as Sec. 4-18 of the 1982 Recodification. Amendments noted
where applicable.]
The following words and phrases shall have the following meaning when
used in this chapter:
Occasional sales by a householder of personal property accumulated
in the normal use of a dwelling as a residence and no longer needed by the
occupants, such as used crockery, kitchen wares, dishes, toys, furniture,
costume jewelry, used clothing, used appliances, rugs, drapes and the like,
offered for sale in the dwelling, appurtenant garage or other building on
the property or appurtenant yards.
Includes both auction and garage sales and shall be applicable to
either one.
Sales are prohibited unless licensed under a permit issued pursuant
to the provision of this chapter and conducted in compliance with this chapter.
A.
No license shall issue and no auction shall be conducted,
except in the following circumstances:
(1)
Judicial sales pursuant to the order of process of a
court, but not where the property has been moved to the site for the purpose
of sale.
(2)
Sales of farm stock, supplies or equipment on the occasion
of the sale of the farm or the death, retirement or removal of the owner or
tenant of the farm, provided that the sale is conducted on the farm and no
more than one sale in any period of any consecutive months is conducted.
(3)
No more than one inventory or seasonal clearing sale
a year at a retail or wholesale commercial or industrial establishment, for
disposal of excess or seasonal inventory or of fixtures accumulated at the
premises where the sale is held in the regular course of business and no part
of which has been purchased or acquired or moved to the premises for the purpose
of sale at auction.
B.
All auction sales shall be conducted on not more than
two consecutive calendar days between the hours of 9:00 a.m. and 6:00 p.m.
on each day.
C.
No auction sale shall be authorized by permit or conducted
unless the term commercial business or industry whose assets are being auctioned
has been actively engaged in the same business at the location where the assets
were employed and are so employed for a continuous period of one year immediately
preceding the auction.
No license shall issue and no garage sale shall be conducted except
in the following circumstances:
A.
The merchandise offered at the sale shall be only merchandise
acquired for normal use by the householder or other persons occupying the
dwelling on the premises where the sale is held.
B.
No more than two garage sales shall be permitted on the
same premises in any twelve-month period, and no such sale shall continue
longer than two days.
All sales, whether auction or garage, shall comply with the following
provisions:
A.
Application for a license to hold such sale shall be
made in writing to the Borough Clerk at least 10 days before the date the
sale is to be held. The application form shall show the name and address of
the applicant; a place, date and time when the sale is to be held; the name
of the auctioneer, if an auction sale; the name, address and phone number
of the person who assumes responsibility or compliance with provisions of
this chapter (which person shall also sign the application plan); the nature
of the sale and the merchandise to be sold; whether or not any signs pertaining
to the sale are to be posted and, if so, where, and the application shall
be accompanied with the written permission of the utility or person on whose
property such sign is to be posted; the date the last sale was conducted on
such property.
B.
For the purpose of administering the provisions of this
chapter, there is imposed and the applicant shall pay at the time of filing
the application the sum of $150 for each auction license and $15 for each
garage sale license.
[Amended 6-16-1998 by Ord.
No. 98-10; 5-15-2007 by Ord. No. 2007-08]
C.
Escrow deposit.
(1)
At the time of filing the application, the applicant
shall also post in escrow the sum of $50 for an auction or $10 for a yard
sale as a guaranty that all signs posted in connection with the sales shall
be removed within 24 hours after conclusion of sale and any and all debris
shall be cleaned up.
(2)
In the event that such signs are not removed or debris
cleaned up within 24 hours, the Borough Clerk is authorized to have some fit
person do so and deduct the cost therefrom from said escrow deposit. Upon
being satisfied that the signs have been removed, said escrow deposit or any
balance thereof shall be returned to the applicant.
D.
No sales of any kind shall be held before 9:00 a.m. or
after 6:00 p.m. on any day.
E.
No merchandise offered for sale shall be displayed more
than one day before the commencement of the sale or allowed to remain more
than 24 hours after the termination of the sale.
F.
No signs pertaining to the sale, directional or otherwise,
shall be posted on any utility pole, tree or property without the written
consent of the utility or owner of such tree or property.
G.
No nails shall be driven into trees, and no signs shall
be larger than three feet by two feet.
H.
Sales shall be conducted only within the confines of
the property and in such a manner to cause no obstruction or encroachment
on neighboring property or public sidewalk, streets or other public ways.
I.
The person responsible for the conduct of the sale shall
be responsible to see that no disorder occurs; that there is no littering
of adjoining property or public ways; and that there is no trespassing on
adjoining property.
J.
No device for amplifying sound, music or other sound
device shall be allowed, and any necessary sound shall be kept sufficiently
low so as not to be audible within 50 feet of the property where the sale
is held.
K.
Any license issued shall be returned to the Borough Clerk
at the time of claiming the balance of the escrow money.
[Added 9-18-2007 by Ord. No. 2007-15]
A.
The East Rutherford Historical Society may, from time to time,
not to exceed twice in any calendar year, conduct a town-wide garage sale
for its fundraising purposes. Rules and regulations established by the East
Rutherford Historical Society for the conduct of the town-wide garage sales
shall be established and enforceable by the terms of this chapter.
B.
Anyone wishing to participate in the town-wide garage sale as
designated by this chapter shall make application to the East Rutherford Historical
Society on the date as established by the Society and pay the fees as are
set forth in the rules and regulations of the Society. There shall be no other
garage sale permitted within the municipality on the date designated by the
Society for its town-wide garage sale, unless a permit is issued through the
Society.
C.
Any person violating this chapter shall be subject to a fine
of $250.
