[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1017 (Ch. 15B of the 1970 Revised Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
As used in this article, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes all sales entitled "garage sale," "attic sale," rummage sale" or "flea market sale" or any similar causal sale of tangible personal property which is advertised by a means whereby the public at large is or can be made aware of said sale.
- Includes any goods or other property capable of being the object of sale regulated hereunder and which is owned by the permittee.
- The owner or lessee of the premises.
It is unlawful to conduct a garage sale in the Borough of Dumont without first registering with the Building Department the information hereinafter specified. The fee for such registration is fixed at $5 per day.
The information to be filed with the Building Department, pursuant to this article, shall be as follows:
Name of person, firm, group, corporation, association or organization conducting said sale.
Name of owner or lessee of the premises on which said sale is to be conducted.
Location at which sale is to be conducted.
Number of days of sale.
Date and nature of any past sale.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him or her to be so.
The person to whom such permit 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 persons shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Departments of the Borough in order to maintain the public health, safety and welfare. All premises shall at all times be subject to such reasonable rules as may be made from time to time by the Borough Council and shall be subject to inspection at all times by the Building Department, Chief of Police and Fire Official or any of their agents or any of other duly authorized representative of the Borough.
All garage sales shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. only.
No signs for advertising or directing customers are to be posted on any place other than the premises where the sale is to be held. The sign shall not exceed two feet by two feet in size and shall not be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
Sales, as defined and permitted under this article, shall be conducted on the premises only in the dwelling, garage, driveway or rear yard.
It is unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this article without first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18, with respect to the labeling, sterilizing and disinfecting of said mattresses, bedsprings, cots, lounges and sofas.
The provisions of this article shall not apply to or 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.
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.
Any sale conducted by any merchant of mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Borough, or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale is otherwise prohibited in the ordinances.
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 such exemption. Such exemption may be permitted by resolution of Borough Council after application by any of the aforementioned types of organizations.
This article shall be enforced by the Building Department. It shall be the duty of the Building Department or its designee to investigate any violations of this article coming to its attention, whether by complaint or otherwise, and if a violation is found to exist, the Building Department shall prosecute a complaint before the local municipal court pursuant to the provisions of this article. It shall be the duty of the Police Department to bring to the attention of the Building Department for further investigation, any violation of this article of which the Police Department becomes aware during the course of its normal duties.
Any person, association or corporation conducting any such sale or similar activity without being properly permitted therefor or who shall violate any of the other terms and regulations of this article shall, upon conviction, be fined not less than $25 nor more than $100 or be imprisoned for a period not the exceed 10 days for each violation. Each day that such sale shall continue without a permit shall be considered a separate violation.