[Adopted 4-12-1977 by Ord. No. 2-77]
As used in this article, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market 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 the sale or at which the public may purchase tangible personal property.
[Amended 11-17-2008 by Ord. No. 13-2008]
It shall be unlawful for any person to conduct a garage sale, as herein defined, in the Borough of Washington without first filing with the Clerk of the Borough of Washington the information hereinafter specified and obtaining from said Clerk a license to do so, to be known as a "garage sale license." The fee for such license shall be fixed at $5. Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization shall be exempt from the payment of the license fee but shall be required to obtain a license. The burden of establishing the exemption from the payment of the license fee under this section shall be on the organization or institution claiming such fee exemption.
The information to be filed with the Borough Clerk pursuant to this section shall be as follows:
Name of the person, firm, group, corporation, association or organization conducting the sale.
Name of the owner of the property on which the sale is to be conducted and consent of the owner if applicant is other than the owner.
Location at which the sale is to be conducted.
Number of days of the sale.
Date and nature of any past sale.
Relationship or connection the applicant may have had with any other person conducting a 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.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be true.
A license shall be issued for each lot, as shown on the official Tax Map of the Borough of Washington, only twice within a twelve-month period beginning January 1 of each and every year. No license shall be issued for more than two consecutive calendar days. Under special circumstances and for special reasons, more than two licenses may be issued in connection with each parcel of property with the approval of the Common Council of the Borough of Washington. Each license issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the life of the sale.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only, and no sale shall be conducted on any Sunday.
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 and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale or activity. No person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of the premises. All persons shall obey the reasonable orders of any member of the Police or Fire Department in order to maintain the public health, safety and welfare.
Garage sale signs shall comply with the provisions of § 94-62E(7).
[Amended 10-7-2008 by Ord. No. 10-2008]
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this article without first complying with the appropriate sections 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.
No refrigerator or icebox having a capacity of 1 1/2 cubic feet or more with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device shall be displayed, offered for sale or sold at a garage sale unless the attached lid or door shall first be removed and detached therefrom.
The provisions of this article 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 in number.
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 article have not been complied with.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein the sale would be permitted by the zoning regulations of the Borough of Washington or under the protection of a nonconforming use section thereof.
Any bona fide, charitable, eleemosynary, educational, cultural or governmental institution or organization, provided that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
Any person violating any of the provisions of this article shall, upon conviction thereof, pay a fine of not more than $500 or be imprisoned for a period not exceeding 90 days, or both, which action shall be prosecuted in the Municipal Court of the Borough of Washington.