[HISTORY: Adopted by the Mayor and Council
of the Borough of Netcong 10-10-1978. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sales" or "flea market
sales" or any similar casual sale of tangible personal property which
is advertised by any 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 a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
[Amended 6-9-2011 by Ord. No. 2011-9]
It shall be unlawful for any person to conduct
a casual sale in the Borough of Netcong without first filing with
the licensing official of the Borough the information hereinafter
specified and obtaining from the licensing official a license to be
known as the "casual sale license." The fee for such license shall
be fixed at $5.
[Amended 6-9-2011 by Ord. No. 2011-9]
A.
Such license shall be issued to any one person or
location only twice within a twelve-month period, and no such license
shall be for more than two consecutive calendar days. In the case
of a resident about to move from the Borough, one additional license
may be issued, provided that the sale is held within 90 days of the
expected moving date from the Borough.
B.
Each license issued under this chapter must be prominently
displayed on the premises upon which the sale is conducted throughout
the entire period of the licensed sale.
A.
Application for license issued hereunder shall be
made upon blank forms prepared by the licensing official, and such
forms shall be in triplicate. The original shall be retained by the
licensing official, the duplicate copy shall be filed with the Police
Department and the triplicate copy shall be approved by the licensing
official and given to the applicant who shall display such copy on
the premises where the sale is conducted for the entire time period
of the sale.
B.
The information to be filed with the licensing official
pursuant to this chapter shall be as follows:
(1)
Name of the person, firm, group, corporation, association
or organization conducting the sale.
(2)
Name of the owner of the property upon which the sale
is to be conducted and consent of the owner if the applicant is other
than the owner.
(3)
Location described by Tax Map block and lot number
at which the sale is to be conducted.
(4)
Number of days of sale, not to exceed two days.
(5)
Date and nature of any past sale.
(6)
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
sale.
(7)
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
(8)
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 sales shall be conducted between the hours
of 8:00 a.m. and 6:00 p.m. only. The licensing official may refuse
to issue a license for the date or dates of sale applied for by the
applicant and prescribe other dates where the dates of sale applied
for by any applicant would, in the judgment of the licensing official,
create traffic problems because of other sales previously approved
in the vicinity where the applicant intends to conduct the sale.
The provisions of this chapter 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 such items do not exceed five in number.
D.
Any sale conducted by a merchant or 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
of Netcong 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 by the ordinances of the Borough of Netcong.
E.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however,
that the burden of establishing the exemption under this chapter shall
be on the organization or institution claiming such exemption.
A.
It shall be the duty of the Police Department of the
Borough of Netcong to bring to the attention of the licensing official
for further investigation any violations of this ordinance of which
the Police Department becomes aware during the course of its normal
duties.
B.
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 of the premises during all hours of such
sale or activity. No such person shall permit any loud or boisterous
conduct on said premises nor permit vehicles of his patrons or prospective
customers 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 Department or Fire Departments
of the Borough of Netcong in order to maintain the public health,
safety and welfare.
Any person, association or corporation conducting
any such sale or similar activity without being properly licensed
therefor or who shall violate any of the other terms or regulations
of this chapter shall, upon conviction, be fined not less than $25
nor more than $100 or be imprisoned for a period not to exceed 10
days for each violation, and a separate violation shall be deemed
committed on each day during or in which a violation occurs or continues.
