[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 9-19-2001 by Ord. No. 838. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes every general sale that:
- A. Is conducted from or on premises in any residential district as defined and delineated in Chapter 185.
- B. Is open to the public.
- C. Is conducted for the purpose of selling tangible personal property.
- D. Is a sale commonly referred to as a "garage," "attic," "basement," "porch," "lawn," "barn," "yard," "flea market," "rummage," or similar sale.
- TANGIBLE PERSONAL PROPERTY
- Property previously purchased, owned, utilized or otherwise in the lawful possession of a resident occupant of the residence at which the garage sale occurs. It does not include goods, merchandise or property purchased for resale or obtained on consignment, or any exemptions set forth under the following sections.
No person shall sell or offer for sale from or on premises in any residential district any tangible property other than pursuant to a permit lawfully procured under this chapter.
No person shall conduct or participate in the conduct of a garage sale unless a permit for such sale shall have lawfully issued pursuant hereto.
Application for a garage sale permit shall be made on forms prescribed by the Building Department and shall be filed with the Township Clerk not less than three days prior to the date of the proposed garage sale. No fee shall be charged for the issuance of the permit.
The application shall include the following information:
The full name and address of the applicant.
The name and address of the premises on which the proposed garage sale is to be conducted.
The full name and address of the owner or lessee of the premises.
The date or dates upon which the sale is to be held.
The date or dates upon which all previous garage sales on the premises were held within the preceding twelve-month period.
An affirmative certification that the applicant has read and understands the provisions of this chapter and that all statements made and information given by the applicant are true.
The signature of the applicant.
The signature of the owner of the premises.
No permit shall be issued:
For a garage sale that will be of more than two consecutive days' duration; or
For a garage sale on premises on which a garage sale has been held twice during a twelve-month period of the proposed garage sale; provided, however, that if a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions and an affidavit to this effect is submitted by the permit holder, the Building Department may issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held.
The person to whom the permit is issued shall cause the permit to be posted at a place on the premises so as to be visible from the street and to be maintained at such place throughout the entire period of the sale.
Garage sale signs shall comply with the provisions set forth in § 185-132C(12).
No person shall conduct or participate in the conduct of a garage sale other than between the hour of 9:00 a.m. and 6:00 p.m.
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the Police Department may enforce temporary controls to alleviate any special hazards and/or congestion created by any garage sale.
The person to whom such permit is issued and the owner or tenant of the premises on which such sale 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. Such persons shall not permit any loud or boisterous conduct on said premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the Township of Rochelle Park in order to maintain the public health, safety and welfare. The premises shall at all times be subject to such reasonable rules as may be made from time to time by the Township Committee and shall be subject to inspection at all times by the Zoning Enforcement Officer, the Police Department and the Fire Department or any agents or any other duly authorized representatives of the Township.
The provisions of this chapter shall not apply or to affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Persons 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.
This chapter shall be enforced by the Zoning Officer, Police Department or the Fire Department of the Township.
Any person or group of persons who shall violate any tern or provision of this chapter shall, upon conviction thereof, be subject to imprisonment in the county jail or in any place provided by the Township of Rochelle Park for the detention of prisoners for a term not to exceed 90 days or to a fine not to exceed $500, or both. Any person so convicted may, in the discretion of the Judge by whom he was convicted, in default of the payment of any fine, be imprisoned in the county jail or place of detention provided by the Township of Rochelle Park for any term not exceeding 90 days. Each day that a violation of a term or provision of this chapter shall continue shall constitute a separate offense.