[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:
- CASUAL SALES
- 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]
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.
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.
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.
The information to be filed with the licensing official pursuant to this chapter shall be as follows:
Name of the person, firm, group, corporation, association or organization conducting the sale.
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.
Location described by Tax Map block and lot number at which the sale is to be conducted.
Number of days of sale, not to exceed two days.
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 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.
Persons selling goods 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 such items do not exceed five in number.
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.
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.
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.
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.