[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
9-8-1999 by Ord. No. 1999:806. Amendments noted where applicable.]
The governing body of the Borough of Closter finds and declares that:
A.
The provisions in this chapter are intended to prohibit
the infringement of any businesses in any established residential areas by
regulating the terms and frequency of garage sales so as not to disturb or
disrupt the residential environment of the area.
B.
The provisions of this chapter do not seek control of
sales by individuals selling a few of their household or personal items.
C.
The provisions and prohibitions hereinafter contained
are enacted not to prevent but to regulate garage sales for the safety and
welfare of the citizens of the borough.
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural number include the singular number and words in the singular
number the plural number. The word "shall" is always mandatory and not merely
directory.
Includes all general sales open to the public conducted from or on
a residential zone, as defined by the Zoning Ordinance,[1] for the purpose of disposing of personal property, including,
but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch,"
"room," "backyard," "patio," "flea market" or "rummage" sale. This definition
shall not include a situation where no more than five specific items are held
out for sale and all advertisement of such sale specifically names those items
to be sold.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course of living
in or maintaining a residence. It does not include merchandise which was purchased
for resale or obtained on consignment.
It shall be unlawful for any individual to sell or offer for sale, under
authority granted by this chapter, property other than personal property.
No garage sale shall be conducted unless and until the individuals desiring
to conduct such sale shall obtain a permit therefor from the Construction
Code Official. Members of more than one residence may join in obtaining a
permit for a garage sale to be conducted at the residence of one of them.
Prior to issuance of any garage sale permit, the individuals conducting
such sale shall file a written statement with the Construction Code Official,
at least 10 days in advance of the proposed sale (mailed applications must
be postmarked at least 15 days in advance of the sale), setting forth the
following information:
A.
Full name, address and phone number of applicant.
B.
The location at which the proposed garage sale is to
be held.
C.
The date or dates upon which the sale shall be held.
D.
The date or dates of any other garage sales within the
current calendar year.
E.
A sworn statement that the property to be sold was owned
by the applicant as his own personal property and was neither acquired or
consigned for the purposes of resale.
There shall be an administrative processing fee as set forth in Ch. A301, Fees and Deposits, for the issuance of such permit.
The permit shall set forth and restrict the time and location of such
garage sale. No more than two such permits may be issued to one residence
or family household during any calendar year. If members of more than one
residence join in requesting a permit, then such permit shall be considered
as having been issued for each and all of such residences.
Such garage sale shall be limited in time to 9:00 a.m. to 6:00 p.m.,
prevailing time, on two consecutive days.
Before issuing a permit, the Construction Code Official may conduct
an investigation as may reasonably be necessary to determine if there is compliance
with this chapter.
Personal property offered for sale may be displayed within the residence,
in a garage, carport or in a yard. No personal property offered for sale at
a garage sale shall be displayed in any public right-of-way. However, a vehicle
offered for sale may be displayed on a permanently constructed driveway.
Any permit in possession of the holder or holders of a garage sale shall
be posted on the premises in a conspicuous place so as to be seen by the public.
A.
Signs permitted. Only the following specified signs may
be displayed in relation to a pending garage sale:
(1)
Two signs permitted. Two signs of not more than three
square feet each shall be permitted to be displayed on the property of the
residence where the garage sale is being conducted.
(2)
Directionally signs. Two signs of not more than two square
feet each are permitted, provided that the premises upon which the garage
sale is conducted is not on a major thoroughfare and written permission to
erect said signs is received from the property owners upon whose property
such signs are to be placed.
(3)
No signs shall be placed on utility poles or on any public
property, including trees.
B.
Time limitations. No sign or other form of advertisement
shall be exhibited for more than one day prior to the day such sale is to
commence.
C.
Removal of the signs. Signs must be removed each day
at the close of the garage sale activities or by the end of daylight, whichever
first occurs.
The individual to whom a permit is issued 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 or activity. No such individual
may 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 individuals 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.
A police officer or any other official designated by any municipal ordinance
to make inspections under the licensing or regulating ordinance or to enforce
the same shall have the right of entry to any premises showing evidence of
a garage sale for the purpose of enforcement or inspection and may close the
premises from such a sale or arrest any individual who violates the provision
of this chapter.
All parking of vehicles shall be conducted in compliance with all applicable
laws and ordinances. Further, the Police Department may enforce such temporary
controls to alleviate any special hazards or congestion created by a garage
sale.
False information. Any permit issued under this chapter may be revoked
or any application for issuance of a permit may be refused by the Construction
Code Official if the application submitted by the applicant or permit holder
contains any false, fraudulent or misleading statement.
The provision of this chapter shall not apply to or affect the following:
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 sale conducted by any merchant or mercantile or other
business establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the borough 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 in other ordinances.
D.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization when the proceeds from
the sale are used directly for the institution or organization's charitable
purposes and the goods or articles are not sold on a consignment basis.
Every article sold and every day a sale is conducted in violation of
this chapter shall constitute a separate offense.
Any person conducting any such sale or similar activity without being
properly licensed therefor or who shall violate any of the other terms and
regulations of this chapter shall, upon conviction, be fined not less than
$100 nor more than $1,000 or be imprisoned in the county jail for a period
not to exceed 90 days from each violation.
