Borough of Essex Fells, NJ Chapter 154 Garage Sales

[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells 5-6-2014 by Ord. No. 2014-953.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 200.

[1] Editor's Note: This ordinance also superseded former Ch. 154, Garage Sales, adopted 8-17-2010 by Ord. No. 2010-890. This ordinance was originally adopted as Ch. 5.06 but was renumbered as it superseded existing Ch. 154.

§ 154-1 Definitions.

For the purpose of this chapter, certain words and terms used herein are defined as follows:

GARAGE SALES

All sales entitled or commonly known as "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" 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.

GOODS

Any personal property, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

PERSON

Any individual, partnership, volunteer association or profit or nonprofit corporation.

§ 154-2 Permit required; fee; penalty.

[Amended 4-15-2014 by Ord. No. 2014-949]

It shall be unlawful for any person to conduct a garage sale in the Borough of Essex Fells without first applying for a permit from the Borough Clerk's office. The fee for such a permit is hereby fixed at $50. The penalty for a violation of this section shall be $100.

§ 154-3 Duration of permits; frequency of issuance; display.

Permits required hereunder shall be issued to any person only once within a twelve-month period, and no such permit shall be issued for more than two consecutive calendar days. Unless such sale is held within two months of the date of permit, such permit shall expire by limitation. Charitable and religious and civic organizations may be allowed more than one permit with the approval of the governing body. Each permit issued must be properly displayed on the premises on which the garage sale is conducted.

§ 154-4 Hours of sale; penalty.

[Amended 4-15-2014 by Ord. No. 2014-949]

All garage sales shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. only. The penalty for a violation of this section shall be $75.

§ 154-5 Signs.

All persons are prohibited from erecting signs which are not in accordance with Chapter 16, "Zoning."[1] Such signs shall be removed within 24 hours after the completion of the sale.

[1] Editor's Note: See now Ch. 170, Land Development, especially Art. XII, Signs.

§ 154-6 Enforcement.

This chapter shall be enforced by the Police Department.

§ 154-7 Violations and penalties.

Any person conducting any such sale or similar activity without first applying for and obtaining a permit or who shall violate any of the other regulations of this chapter shall, upon conviction, be fined not more than $500 or be imprisoned for a period not to exceed 90 days, or both, for each violation. Each day that such sale shall continue without the required permit shall be considered a separate violation.