[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 10-11-1977 by Ord.
No. 77-28. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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:
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 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.
D.
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
of organizations.
[Amended 9-11-1979 by Ord. No. 79-19]
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.
A.
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.
B.
Out-of-door sales.
(1)
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."
(2)
The fee for such license shall be as provided in Chapter 91, Fees.
[Amended 9-11-1979 by Ord. No. 79-19]
(3)
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.
C.
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.
A.
The information to be filed with the Borough Clerk pursuant to this
chapter shall be as follows:
(1)
Name of person, firm, group, corporation, association or organization
conducting said sale.
(2)
Name of owner of property on which said sale is to be conducted or
written 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 and nature of any past sale.
(6)
A description of merchandise being sold, including a statement as
to the date or dates when applicant obtained or purchased the goods.
(7)
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
B.
A copy of the license 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Department 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 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, bedsprings, 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.
[Amended 9-11-1979 by Ord. No. 79-19; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code. Each day of sale in violation of any or all of the provisions of this chapter shall be a separate violation.
