[HISTORY: Adopted by the City Council of the City of Paterson 8-7-1979
as Ord. No. 79-067; amended in its entirety 6-25-1991
by Ord. No. 91-031. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales of tangible personal property which are advertised
by any means whereby the public at large is or can be made aware of said sales
and which are not sponsored by a homeowner and do not take place on the premises
of said homeowner.
Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale" or 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 and which is sponsored by a homeowner and takes place on the
premises of said homeowner.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes any occupant, lessee or owner of an individual dwelling
unit within the city.
Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale or flea
market sale within the City of Paterson without first filing with the City
Clerk the information hereinafter specified and obtaining from such Clerk
a license to do so.
A.
The fee for all garage sale licenses shall be and the
same is hereby fixed at ten dollars ($10.).
B.
The fee for all flea market licenses shall be fixed at
twenty dollars ($20.) per dealer or vendor in the case of multiple dealers
or vendors.
C.
In the case of flea markets without multiple vendors,
the fee shall hereby be fixed at twenty-five dollars ($25.). The fees for
flea market licenses in all cases shall be paid by the organizer of said flea
market.
D.
In cases where charitable, religious or civic organizations
have applied for licenses, the Municipal Council is empowered to waive said
license fee.
A.
No license shall be issued to any one (1) applicant or
to cover any one (1) location more than twice within a twelve-month period,
and no such license shall be issued for more than two (2) consecutive calendar
days. However, where the sale is to be conducted on a Saturday and/or Sunday
and the sale shall be postponed because of inclement weather, the applicant
will be permitted to hold the sale on the same day of the following weekend.
Where the sale is being held during the week and the date is postponed because
of inclement weather, the applicant will be permitted to continue the sale
on the next clear day.
B.
Any license issued under this chapter must be prominently
displayed on the premises upon which the sale is conducted throughout the
entire period of the licensed sale. The license shall be a minimum size of
eight by eleven (8 x 11) inches and bright orange in color.
The information to be filed with the City Clerk pursuant to this chapter
shall be as follows:
A.
The name of person, firm, group, corporation, association
or organization conducting said sale.
B.
The name of the owner and/or lessee of the property on
which the sale is to be conducted, together with consent in writing by the
owner if the applicant is other than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of sale and the hours of sale.
E.
Whether or not the applicant has been issued any other
vendor's license by any other local, state or federal agency.
F.
An affirmation or sworn statement by the person signing
that the information given is true.
G.
A general description of the type of goods to be sold.
H.
The date of any past sale within an eighteen-month period
preceding the date of the proposed sale.
All garage sales and flea markets 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 nor affect the following
persons or sales:
A.
Persons selling goods according to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their duties and powers
as public officials.
C.
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 (5) in number.
A.
This chapter shall be enforced by the Chief of Police
or designee.
B.
The Chief of Police shall cause to be investigated any
violations of this chapter coming to his attention, whether by complaint or
arising from his own personal knowledge. If a violation is found to exist,
a complaint shall be prosecuted before the local Municipal Court pursuant
to the provisions of this chapter. It shall be the duty of the Police Division
of the City of Paterson to bring to the attention of the Chief of Police for
further investigation any violations of this chapter of which the Police Division
becomes aware during the course of its normal duties.
The person to whom such license 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 person shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic or any roads or streets in the area of such
premises or block ingress or egress to driveways of adjoining premises. All
such persons shall obey the reasonable orders of any member of the Police
or Fire Divisions of the City of Paterson in order to maintain the public
health, safety and welfare.
Licenses issued shall be subject to the following restrictions:
A.
No items of merchandise may be displayed on the street,
front sidewalk and between the front sidewalk and curb of the street. Merchandise
may be displayed in the front yard, driveway or rear yard, but not beyond
ten (10) feet from the face of the dwelling house.
B.
Signs advertising said sale are authorized to be displayed
the day of the sale during the hours permitted by this chapter on the premises
for which the permit is issued. Said signs shall be removed immediately upon
the conclusion of the sale.
C.
Any sale of any item of merchandise at any garage sale
must comply with all appropriate provisions of the law with reference to any
such sales, including but not limited to N.J.S.A. 26:10-1 et seq.
D.
The applicant for the license or the persons in actual
control of the activity or the agent thereof shall be responsible for cleaning
up the licensed premises between the closing hour of the first day of operation
and the opening hour of the next day and within twenty-four (24) hours after
termination of the activity.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a maximum penalty of a fine of not more
than one thousand dollars ($1,000.), imprisonment for not more than ninety
(90) days or a period of community service for not more than ninety (90) days,
or any combination thereof. Each day that such sale continues without the
required license shall be considered a separate violation.
