[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 10-11-1977 as Ord. No. 77-28. Sections 104-3, 104-4B(2) and 104-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Any sale customarily entitled "garage sale," "lawn sale," "porch sale," "rummage sale," "yard sale," "basement sale," "flea market sale," or any other similar sale of tangible property occurring on residential property.
- Any tangible personal property.
- OUT-OF-DOOR SALE
- Any sale other than a "garage sale" conducted out of doors by a person not regularly engaged in the business of selling the goods sold at the place where they are sold.
- All individuals, partnerships, associations, corporations or entities other than governmental entities.
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 separate items do not exceed five items, or personal motor vehicles which do not exceed two in number, being sold at one time and not part of a garage sale and in a residential zone.
Any bona fide charitable, religious, educational, cultural or governmental institution or agency; provided, however, that the burden of establishing the exemption shall be on the organization or institution claiming such exemption. Such exemption may be permitted by resolution of the Borough Council after application by any of the aforementioned types or organizations.
It shall be unlawful to conduct a garage sale or out-of-door sale in the Borough of Kenilworth 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 "garage sale license." The fee for such license shall be as provided in Chapter 91, Fees.
Such license for garage sales shall be issued for any one person or premises twice within a twelve-month period, and no such license shall be issued for more than three consecutive days nor a second license issued within the period beginning on the date of the last date of sale and thence running 90 days therefrom.
Licenses shall be issued for any one person or premises by the Borough Clerk after filing the information hereinafter specified. The license issued shall be known as an "out-of-door sale license."
Such license can be issued for any one person or premises three times within a twelve-month period, and no such license can be renewed within the period beginning on the date of the last day of sale and thence running 90 days therefrom.
The license issued under this chapter must be prominently displayed on the premises or within the area of the sale and visible from the street upon which the 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 person, firm, group, corporation, association or organization conducting said sale.
Name of owner of property on which said sale is to be conducted or written consent of owner if applicant is other than owner.
Location at which sale is to be conducted.
Number of days of sale.
Date and nature of any past sale.
A description of merchandise being sold, including a statement as to the date or dates when applicant obtained or purchased the goods.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
A copy of the permit shall be given to the applicant. Consumer Affairs Assistance Officer, Chief of Police and Zoning Officer, and one copy shall be retained by the Borough Clerk.
The person to whom such license is issued and the owner or tenant of the premises on which the sale or activity is conducted shall be jointly responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such persons shall permit 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 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 Zoning Enforcement Officer, Chief of Police and Fire Chief, or any of their agents or other duly authorized representative of the Borough of Kenilworth.
No signs for advertising or directing customers are to be posted on any place other than the premises where the sale is to be held. The sign shall not exceed two feet by two feet in size and shall not 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.
Garage sales, as defined and permitted under this chapter, shall be conducted on the licensed premises only in the dwelling, garage or rear yard.
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, bed-springs, cots, lounges and sofas.
This chapter shall be enforced by the Director of Consumer Affairs. It shall be the duty of the Director of Consumer Affairs to investigate any violation of this chapter coming to his attention. If a violation does exist, he shall prosecute a complaint by issuing a violation ticket and issuing a summons for local court appearance pursuant to the provisions of this chapter. It shall be the duty of the Police Department of the borough to bring to the attention of the Director of Consumer Affairs for further investigation any violations of this chapter of which the Police Department becomes aware during the course of its normal duties.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction before the Judge of the Municipal Court of the Borough of Kenilworth, be punished by a fine in any sum not exceeding $500 or by imprisonment for a period not exceeding 90 days, or both, for each and every violation. Each day of sale in violation of any or all of the provisions of this chapter shall be a separate violation.