[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 730 (§ 4-11 of the 1987 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Peddling, soliciting and canvassing — See Ch. 290.
As used in this chapter, the following terms
shall have the meaning indicated:
Includes all sales entitled as garage sale, lawn sale, attic
sale, rummage sale, or flea market. 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 the sale shall also be included.
To include any goods, warehouse merchandise or other property
capable of being the object of a sale regulated by this chapter.
[Added by Ord. No. 1041]
This chapter shall be known as and may be cited
as "The Garage Sale Ordinance."
[Amended by Ord. No. 1041; Ord. No. 1164]
A.
It shall be unlawful for any person to conduct a garage
sale in the Borough without first filing with the Borough Clerk the
information hereinafter specified and obtaining from such Clerk a
license to do so, to be known as a "Garage Sale License." The fee
for such license shall be fixed at $10.
B.
A garage sale license may be issued to any one person
only twice within a twelve-month period and no such license shall
be issued for more than four consecutive calendar days.
C.
Each license issued under this chapter must be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the licensed sale.
D.
The information to be filed with the Borough Clerk,
pursuant to this chapter, shall be as follows:
(1)
The name of person, firm, group, corporation, association
or organization conducting the sale.
(2)
Name of owner of the property on which the sale is
to be conducted, and consent of owner if applicant is other than owner.
(3)
Location at which sale is to be conducted.
(4)
Number of days of sale.
(5)
Date, nature of any past sale.
(6)
Relationship or connection 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 applicant has been issued any vendor's
license by any local, state or federal agency.
(8)
Sworn statement of affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
[Amended by Ord. No. 1041]
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m.
[Amended by Ord. No. 1041]
A.
All persons are prohibited from making, causing to
be made, or erecting signs other than those signs specified by the
Borough. Signs shall be of uniform size and form 12 inches by 12 inches.
B.
Signs shall have a space allotted thereon upon which
shall be placed the name and address of the person running the sale
and the signs shall be removed within 48 hours after the completion
of the sale.
[Amended 2-7-1989 by Ord. No. 1178]
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 the sale of items
of personal property, specifically named or described in the 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 chapter have not
been complied with.
E.
Any sale conducted by any merchant, manufacturer,
business establishment or dealer which sale is permitted by existing
Borough land use regulations or which is preexisting thereto and not
otherwise prohibited by any other ordinance or statute.
F.
Any bona fide charitable, eleemosynary, 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.
This chapter shall be enforced by the Chief
of Police. It shall be the duty of the Chief of Police to investigate
any violations of this chapter coming to his attention, whether by
complaint or arising from his personal knowledge, and if a violation
is found to exist, he 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 to bring to the attention of
the Chief of Police for further investigation any violations of this
chapter of which the Police Department becomes aware during the course
of its normal duties.
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 such
sale or activity. No such person shall permit any loud or boisterous
conduct on the premises nor permit vehicles to impede the passage
of traffic on any 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.
