[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See
Ch. 289.
[Adopted 10-23-1984 by Ord. No. 11-84[1] (Ch. 73 of the 1974 Code)]
[1]
Editor's Note: This ordinance provided that
it shall take effect 1-1-1985.
As used in this article, the following terms
shall have the meanings indicated:
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.
Any personal property, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Any individual, partnership, volunteer association or profit
or nonprofit corporation.
[Amended 9-13-2011 by Ord. No. 08-2011]
A.
It shall
be unlawful for any person to conduct a garage sale in the Borough
of Totowa without first filing with the Borough Clerk, the information
hereinafter specified and obtaining from such Borough Clerk a license
so to do, to be known as a "garage sale license."
B.
The fee
for such license shall be and the same is hereby fixed at $5. One
free license shall be issued to residents over the age of 65 but at
no time shall the resident exceed two sales per year per household
at the specific residence.
[Amended 9-13-2011 by Ord. No. 08-2011]
Such license shall be issued to a specific location for no more
than two times per year per household.
The information to be filed with the Borough
Clerk pursuant to this article shall be as follows:
A.
The name of the person, firm, group, corporation,
association or organization conducting said sale.
B.
The name of the owner of the property on which said
sale is to be conducted and the consent of the owner if the applicant
is other than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
The relationship or connection that 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.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
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 garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
[Amended 9-13-2011 by Ord. No. 08-2011]
The public posting of signs for garage sales throughout the
Borough of Totowa is prohibited. Signs will be permitted on the property
registered for the sale. All signs must be removed at the end of each
sale day.
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 power and
duties as public officials.
C.
Any person selling or advertising for sale an item
or items or personal property which are specifically named or described
in advertisement and which separate items do not exceed five in number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this article have not
been complied with.
E.
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 Totowa[1] 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 Code.
F.
Any bona fide charitable, eleemosynary, educational,
cultural or government institution or organization; provided, however,
that the burden of establishing the exemption under this section shall
be on the organization or institution claiming such exemption.
[Amended 9-13-2011 by Ord. No. 08-2011]
This article shall be strictly enforced by the Zoning Officer.
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 and regulations
of this article shall, upon conviction, be fined no less than $25
nor more than $100 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.
[Adopted 11-13-2001 by Ord. No. 16-2001]
There are hereby established procedures, rules
and regulations governing the licensing of sidewalk sales in the Borough
of Totowa.
As used in this article, the following terms
shall have the meanings indicated:
An outdoor display on any portion of the sidewalk by any
retail or commercial establishment where goods or services are sold
upon the public right-of-way, namely the sidewalks immediately in
front of any place of business where the goods or services are sold.
Sidewalk sales are only permitted to the retail or commercial licensees
who have obtained a license pursuant to this article.
That area of the public right-of-way reserved for the pedestrian
traffic from the curb to the front line of the building housing the
retail or commercial establishment.
A.
Permit required. It shall be unlawful for any person,
firm, partnership, association or organization of any kind (hereinafter
collectively referred to as "person") to create, establish, operate,
maintain or otherwise be engaged in the business of conducting a sidewalk
sale upon the sidewalks of the Borough of Totowa, or on private property,
unless such person shall hold a currently valid permit issued pursuant
to the terms of this article.
B.
Unobstructed sidewalk area to be maintained. No permit
shall be issued hereinunder unless the permittee shall demonstrate
that a minimum of five feet of unobstructed sidewalk surface shall
be available for pedestrian traffic around or through such sidewalk
sale and that such sale be directly in front of a retail or commercial
establishment. The term "directly in front of" shall be construed
to mean the area represented by an extension of each side of the store
occupied by the retail or commercial establishment projected directly
to the curbing immediately in front thereof.
C.
Application of permit. Application for the permit
shall be made to the Building Department and shall be signed by the
applicant. The application shall contain the following information:
(1)
The name, address and telephone number of the individual,
owner, partner, firm, group, corporation or organization conducting
the sale. For a domestic corporation, the names, residences, addresses
and telephone numbers of the directors and officers owning a 10% or
greater interest in the corporation, and if a nondomestic corporation,
the name, residence address and telephone number of the managing officer
for service of process within the State of New Jersey.
(2)
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
article.
(3)
The name and address of the person owning the premises,
if other than the applicant, and the consent of the owner of the premises
to the application.
(4)
The location of the sale.
(5)
The date of past sales within the present calendar
year.
D.
Review of permit application. The Building Department
will review the application for completeness and compliance with the
terms of this article. If the application is not complete, the Building
Department will so notify the applicant within five business days
of the submission and specifically detail the area in which the application
lacks compliance with requirements of this article.
E.
Issuance of permit. If the application complies with
this article, the Building Department shall issue a permit strictly
subject to the terms and conditions of this article.
F.
Permit fee. The permit fee under this article shall
be $100 for each permit.
[Added 1-8-2002 by Ord. No. 21-2001;
amended 2-11-2014 by Ord. No. 02-2014]
No permit
required by this article shall be granted to any person to operate
a sidewalk sale until such person shall have filed with the Building
Department a statement agreeing to indemnify and hold harmless the
Borough of Totowa, its agents, servants, representatives or employees
from any or all claims, damages, judgment costs or expenses, including
attorneys fees, which they or any of them may incur or be required
to pay because of personal injury, including death, or property damage
suffered by any person or persons as a result of or related in any
way to the operation and maintenance of the sidewalk sale for which
the permit is issued.
A.
No permit required by this article shall be granted
to any person to operate a sidewalk sale until such person shall have
first filed with the Building Department a certificate of insurance
evidencing a general liability insurance policy issued to such person
by a public liability insurance company authorized to do business
in the State of New Jersey affording the coverage set forth below
in the amounts specified for the entire period of the sidewalk sale.
Such insurance policy shall name the Borough of Totowa, its agents,
officers, servants, representatives or employees as an additional
insured with respect to the operation of the sidewalk sale in the
following amounts:
(1)
Public liability and property damage insurance: $1,000,000
per occurrence for bodily injury liability and $1,000,000 per occurrence
for property damage liability.
No vending machines of any kind are permitted
on the exterior of any building operating a sidewalk sale.
The permittee agrees, at the end of the permit
period or in the event that the permit is revoked, that the permittee,
of his own cost and expense, will vacate the sidewalk space and promptly
remove the property placed thereon. Failure to do so shall immediately
grant to the Borough the right to remove any property on the sidewalk,
and the permittee agrees to reimburse the Borough for the cost of
removing and storing same.
[Amended 2-11-2014 by Ord. No. 02-2014]
A.
Time allowed for sales.
(1)
In the B-2 Local Business District, sidewalk sales shall be for one
day under one permit and such sale shall be in effect for a maximum
of eight hours.
(2)
In the B-3 Highway Business District, sidewalk sales shall not continue
for more than three consecutive days under one permit and such sale
shall not be in effect for more than 12 hours in any day.
B.
Number of permits per year. No more than two sidewalk sale permits
shall be issued to any one person during any calendar year with the
restriction that one sale shall be permitted during the period of
January 1 to June 30 and one sale during the period of July 1 to December
31.
This article may be enforced by the Zoning Officer,
his designee or any member of the Borough of Totowa Police Department.
Any person who violates the provisions of this
article shall, upon conviction thereof, be subject to the following
penalties: for the first such offense in any given year, a fine of
not less than $250; for the second and each subsequent offense in
the same year, a fine of not less than $500. A separate offense shall
be deemed committed on the day on which a violation occurs and each
day the violation continues to occur.
