[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 5-20-2002 by Ord. No. 493. Amendments noted where applicable.]
The following words and phrases, as used in this chapter, shall have the following meanings and definitions:
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," rummage sale" or "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.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- OCCUPANT OR PERSON
- The owner or lessee of the premises, and includes individuals, partnerships, voluntary associations and corporations.
- PRIVATE PREMISES
- Any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes or generally used for noncommercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
- PRIVATE SALE OR AUCTION
- The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, food, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises and/or conducted by a person employed for said purposes, whether compensated or not.
No private sale or private auction shall be conducted within the Borough of Buena except in conformance with the provisions of this chapter.
[Amended 6-16-2003 by Ord. No. 502]
It shall be unlawful for any person to conduct any private sale or auction in the Borough of Buena without first filing with the Borough Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "private sales and auction license." Such filing shall be made at least one week prior to the requested sale date. The fee for such license shall be and the same is hereby fixed at $5. Charitable, religious, civic and other nonprofit organizations are exempt from the above license fee requirements.
Said license shall be issued to any one owner or tenant, for each Tax Map property, not more than four times in any calendar year. No such license shall be issued for more than two consecutive calendar days per sale.
[Amended 6-16-2003 by Ord. No. 502]
Each license must be prominently displayed on the premises and visible from the street upon which the garage sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Borough Clerk pursuant to this chapter shall be as follows:
Name of the persons, firm, group, corporation, association or organization conducting said sale.
Name of the owner of the property on which said sale is to be conducted and consent of the owner, if the applicant is other than the owner.
Location at which the sale is to be conducted.
Number of days of the sale.
Date and nature of any past sale.
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.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
A sworn statement or affirmation by the person signing that the information therein given is full and true and known by him to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
No signs for advertising or directing customers are to be posted on any place other than the premises of the applicant. The sign is not to exceed two feet by two feet in size and cannot 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.
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 on the premises during all hours of the sale or activity. No such person 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 the Buena Borough Code Enforcement Officer of any member of the Police and/or Fire Department of the Borough of Buena in order to maintain the public health, safety and welfare. All licensed 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 Borough of Buena Code Enforcement Officer, Chief of Police and Fire Chief or any of their agents or any other duly authorized representative of the Borough of Buena.
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this chapter 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.
No refrigerator or icebox having a capacity of 1 1/2 cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device, shall be displayed, offered for sale or sold at a private sale or private auction unless the attached lid or door shall first be removed and detached therefrom.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling 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 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 Buena 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 in the revised ordinances.
This chapter shall be enforced by the Buena Borough Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to investigate any violations of this chapter coming to his/her attention, whether by complaint or arising from his/her own personal knowledge, and if a violation is found to exist, he/she shall prosecute a complaint before the local municipal court pursuant to the provisions of this chapter. It shall be the duty of the Police Department of the Borough of Buena to bring to the attention of the Code Enforcement Officer for further investigation any violations of this chapter 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 licensed therefor or who or which shall violate any of the other terms shall, upon conviction, be fined not less than $25 nor more than $200 or be imprisoned for a period not to exceed 10 days for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.