[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale 8-14-1996 by Ord. No. 703-96. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE AND SIDEWALK SALES
- All sales entitled "garage sale," "lawn sale," "estate sale," "rummage sale," "flea market sale," "sidewalk sale," "tag sale" or any similar casual sale of tangible personal property or any goods taking place in any garage, premises, driveway, lawn, yard, property and/or sidewalk within the Borough of Northvale which is advertised by any means whereby the public at large is or can be made aware of said sale.
- Any warehouse merchandise or other property capable of being the object of a sale regulated hereunder and which is owned by the licensee or consigned to such person.
- The owner of lessee of the premises.
- Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale within the Borough of Northvale without first filing with the Code Compliance Official/Zoning Official the information required under § 150-4 hereunder and obtaining a garage and sidewalk sale license. Such filing shall be made at least 10 days prior to the requested sale date. There shall be a fee of $5 for such license.
Such license shall be issued to any one address only four times during any calendar year, and no such license shall be issued for more than two consecutive calendar days.
Each license must be prominently displayed on the premises 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 Code Compliance Official/Zoning Official shall be as follows:
The name of the person, firm, group, corporation, association or organization conducting said sale.
The name of the owner, occupier or lessee of the property on which said sale is to be conducted.
The location of the sale.
The date of past sales within the present calendar year.
The name, address and telephone number of the person responsible for the sale (known as "licensee").
The number, nature and location of signs. (Temporary signs shall be permitted for a period of seven days preceding the event and 24 hours afterwards. No signs shall be affixed to curbside trees, telephone poles or street signs.)
The person to whom such license is issued, the persons conducting the sale and/or the owner, occupier or lessee of the premises on which such sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale. No such individual shall permit any loud or boisterous conduct on said premises or sidewalk, nor permit vehicles to impede the safe passage of traffic on any roads or streets in the area of said sale. Sidewalk sales shall not block nor impede the free passage of pedestrians nor unreasonably hinder nor limit use of the sidewalks. All persons responsible for the sale under this chapter shall obey the reasonable orders of any member of the Police, Fire Official or Code Compliance Officials' office in order to maintain the public health, safety and welfare.
All sales conducted hereunder shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
The provisions of this chapter shall not apply to the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in an advertisement, provided that the separate items to be sold do not exceed five in nature.
This chapter may be enforced by the Code Compliance Official, Construction Code Official or any member of the Northvale Police Department.
Any person conducting any sale without being properly licensed therefor or who shall violate any of the requirements of § 150-5 hereof or refuse any reasonable orders of the Northvale Police or Code Compliance Official to this chapter and/or sale shall, upon conviction, be fined not less than $250 nor more than $500. Each day that such sale shall continue without duly being licensed shall be considered a separate violation.
It shall be unlawful for any individual to import merchandise for his or her sale with the intent of retailing as a primary objective.