[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.
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:
Name and address of the person, firm, corporation, club or charitable organization or institution conducting such sale.
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.
Location at which such sale is to be conducted.
General description of type of goods to be sold.
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:
- GARAGE SALES
- 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.
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 $10.
[Amended 7-20-2009 by Ord. No. 16-2009]
Each license must be prominently displayed on the garage sale premises throughout the entire period of the sale.
No license shall be issued for more than four consecutive calendar days.
Only two 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.
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:
Name of person, firm, group, corporation, association or organization conducting said sale.
Name of owner of the property on which said sale is to be conducted and consent of owner if applicant is other than owner.
Location at which sale is to be conducted.
Number of days of sale, not to exceed four consecutive days.
Date and nature of any past sale.
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.
Whether or not 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 by him to be so.
Signs shall be regulated in accordance with Chapter 233, Signs, § 223-10, General regulations, of the Code of the Town of Boonton. The licensee shall not post signs advertising the sale until 48 hours prior to the event and must remove all signs within 24 hours of the end of the sale.
All garage sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. only.
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.
Violations of this article shall be subject to a penalty of $100.
For purposes of this article, the Police Department and the Code Enforcement Officer are designated as enforcing agents.