[HISTORY: Adopted by the Borough of Rutherford Council 8-5-1997 by
Ord. No 2808-97. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
Any sale called "garage sale," "lawn 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 person, firm, partnership, association, corporation, company
or organization of any kind.
A.
It shall be unlawful for any person to conduct a garage
sale in the borough without first notifying the Borough Clerk, either by telephone
or in person, Monday through Friday, between the hours of 8:30 a.m. and 4:30
p.m., at least two calendar days in advance of the scheduled garage sale.
B.
A garage sale may be held on any one property only three
times within a twelve-month period, and no such garage sale shall be for more
than two consecutive calendar days. In no event shall more than two garage
sales be permitted at a property in any calendar month. In the event that
inclement weather causes a scheduled sale to be cancelled, the property owner
shall be entitled to hold the sale the following week on the same day of the
week as originally scheduled.
A.
All garage sales shall be conducted between the hours
of 8:00 a.m. and 8:00 p.m.
B.
All signs relating to any garage sale shall have a space
allotted whereon upon which shall be placed the name and address of the person
running the sale. Said signs shall not be posted prior to the date of the
garage sale and shall be removed within 48 hours after the completion of the
sale. No signs advertising such sales shall be placed on any property other
than that of the residence of the person conducting such sale.
C.
The person conducting the garage sale 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 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 any member
of the Police or Fire Departments of the Borough of Rutherford in order to
maintain the public health, safety and welfare.
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 persons selling or advertising for sale not more
than five items of personal property which are 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 or mercantile or other business establishment from or at a place of business or wherein such sale would be permitted by Chapter 131, Zoning, of the Code of the Borough of Rutherford 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 any such other ordinance or statute.
It shall be the duty of the Borough of Rutherford Police Department,
the Chief Construction Official and such other employees, officers or agents
which may from time to time be designated by resolution of the Mayor and Council
to enforce the provisions of this chapter. It shall also be the duty of the
enforcing officer to investigate any violation 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 file a complaint before the local
Municipal Court pursuant to provisions of this chapter.
Any person violating the provisions of this chapter shall be liable
to a penalty of not less than $25 nor more than $100 for the first offense,
not less than $100 nor more than $400 for the second and not less than $250
nor more than $1,000 for the third offense and all subsequent offenses.
All ordinances or parts of ordinances inconsistent with any of the provisions
of this chapter and the Code established herein are hereby repealed to the
extent of such inconsistencies.
