[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.
GOODS
Includes any goods or other property capable of being the
object of sale regulated hereunder and which is owned by the permittee.
OCCUPANT
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:
A. Name of person, firm, group, corporation, association
or organization conducting said sale.
B. Name of owner or lessee of the premises on which said
sale is to be conducted.
C. Location at which sale is to be conducted.
E. Date and nature of any past sale.
F. 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.
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;
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 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.
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 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.