[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Boonton as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-17-1990 as Sec. 5-1 of the 1990 Code]
It shall be unlawful for any person, firm, corporation,
club or charitable organization or institution to sell, display or
offer for sale any goods, merchandise or tangible personal property,
on any public sidewalk, street or alley in the Town without first
submitting an application and obtaining a permit from the Mayor for
such sale as set forth herein. The date of such sale shall be held
only on such dates as approved by resolution of the Mayor and Board
of Aldermen.
Except for bona fide charitable, eleemosynary, educational, civic or cultural organizations or institutions organized not for profit which are located in the Town, no person, firm, or corporation shall be eligible to obtain a permit for such sales as set forth in § 225-1, unless the applicant shall have been continuously engaged in business within the Town for 90 days prior to the date of the sale.
A.Â
Application for permits to hold such sales as set forth in § 225-1 shall be made in writing to the Mayor at least seven days prior to the date of the sale. The application shall contain the following:
(1)Â
Name and address of the person, firm, corporation,
club or charitable organization or institution conducting such sale.
(2)Â
Name and address of owner of premises in front of
which sale is to be conducted, and consent of owner if applicant is
other than owner.
(3)Â
Location at which such sale is to be conducted.
(4)Â
General description of type of goods to be sold.
B.Â
No fee shall be charged for the required permit.
The permit herein authorized, when granted,
shall be prominently displayed upon the premises upon which or in
front of which the sale is conducted during the entire period of the
sale.
No public walk shall be blocked by any merchandise
offered for sale hereunder. A two-foot passageway for pedestrians
shall be left open, and merchandise shall be securely and adequately
placed so that it will not endanger passersby. Such sales shall not
be operated in any manner which would cause a nuisance, or create
a fire hazard.
This article shall be enforced by the Police
Department. All licensed premises shall be subject to inspection by
the Police Department or any other duly authorized representative
of the Town.
The provisions of this article shall not apply
to or affect the following persons or sales:
Any person, firm, corporation, merchant, club or charitable organization or institution violating or failing to comply with any of the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Each day of sale in violation of any or all provisions of this article shall be a separate offense.
[Adopted by Ord. No. 27-98]
As used in this article, the following terms
shall have the meanings indicated:
All sales commonly referred to as a "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 said
sale.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
A.Â
It shall be unlawful for any person to conduct a garage sale in the Town of Boonton without first completing an application and obtaining from the Town Clerk a garage sale license. The fee for such license shall be as provided in Chapter 130, Fees, Article III, Fee Schedule.
[Amended 7-20-2009 by Ord. No. 16-2009; 12-16-2019 by Ord. No. 22-2019]
B.Â
Each license must be prominently displayed on the
garage sale premises throughout the entire period of the sale.
C.Â
No license shall be issued for more than four consecutive
calendar days.
D.Â
Only three such licenses shall be issued to any one
person and/or for any one location within a twelve-month period. However,
if a licensee can clearly demonstrate that adverse weather or other
unforeseen conditions have affected the sale, creating undue hardship,
the Town Clerk may grant permission for additional licenses. The licensee
shall file a request for the additional sale and the reasons for the
request with the Town Clerk no later than three days after the date
upon which the first sale was to have been held.
[Amended 4-20-2020 by Ord. No. 02-2020]
E.Â
Nonprofit
organizations are exempt from the maximum of two sales per year.
[Added 7-20-2009 by Ord. No. 16-2009]
The information to be filed with the Town Clerk
pursuant to this article shall be as follows:
A.Â
Name of person, firm, group, corporation, association
or organization conducting said sale.
B.Â
Name of owner of the property on which said sale is
to be conducted and consent of owner if applicant is other than owner.
C.Â
Location at which sale is to be conducted.
D.Â
Number of days of sale, not to exceed four consecutive
days.
E.Â
Date and nature of any past sale.
F.Â
Relationship or connection applicant may have had
with any other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sale.
G.Â
Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
H.Â
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known by him
to be so.
All garage sales shall be conducted between
the hours of 8:00 a.m. and 8:00 p.m. only.
[Amended 4-3-2023 by Ord. No. 2-23]
The provisions of this article shall not apply
to or affect the following persons or sales:
A.Â
Persons
selling goods pursuant to an order or process of a court of competent
jurisdiction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For purposes of this article, the Police Department
and the Code Enforcement Officer are designated as enforcing agents.
