[HISTORY: Adopted by the Borough Council of the Borough of
Florham Park 10-17-2013 by Ord. No. 13-10.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Solicitation, canvassing and sales — See Ch. 179.
Retail establishments — See Ch. 191.
Signs — See Ch. 199.
Vehicles and traffic — See Ch. 238.
Zoning — See Ch. 250.
Sanitation — See Ch. 265.
[1]
Editor's Note: This ordinance also superseded former
Ch. 140, Garage Sales, adopted 12-7-1999 by Ord. No. 23-99.
As used in this chapter, the following terms shall have the
meanings indicated:
All general sales open to the public conducted from or on
a residential premises for the purpose of disposing, by sale, barter
or otherwise, personal property, including but not limited to all
sales entitled "garage," "lawn," "yard," "attic," "porch," "rummage,"
"room," "backyard," "patio," or "estate." This definition shall not
include a situation where no more than three specific items are held
out for sale, and all advertisements of such sale specifically name
those items to be sold.
A temporary sign no larger than two feet by two feet indicating
the location, time, and date of a garage sale within the Borough.
Includes natural persons, corporations, charitable or religious
institutions or nonprofit corporations, homeowners' associations,
unincorporated associations and family and neighborhood groups.
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 or in maintaining that residence and not acquired elsewhere;
no consignments.
A.
It shall be unlawful for any person to conduct a garage sale in the
Borough of Florham Park without first filing with the Borough Clerk
the information hereinafter specified and obtaining from such Clerk
a license to do so, to be known as a "garage sale license." The fee
for such license shall be and the same is fixed hereby at $5.
B.
Only two such licenses shall be issued to any one residence within
a twelve-month period, and no such license shall be issued for more
than three consecutive calendar days.
C.
Each license issued under this chapter must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
D.
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 such sale or activity.
No person shall 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 persons shall obey
the reasonable orders of the Police or Fire Departments in order to
maintain the public health, safety and welfare.
E.
Personal property offered for sale at a garage sale may be displayed
in a driveway, or in a garage, or in the rear yard or lawns of the
owner to tenant of the premises. No personal property offered for
sale at a garage sale shall be displayed on any sidewalk, road, highway,
street or public right-of-way.
A.
No more than three garage sale signs may be posted off of the property
where the sale is to be held.
B.
Signs shall be limited in size to two feet by two feet.
C.
Signs shall not be attached to trees, utility poles or traffic regulation
signs.
D.
Signs should not be posted on Borough-owned property.
E.
Signs shall not be posted more than four days prior to the day of
the sale and must be removed within 24 hours of the end of the sale.
F.
Anyone who fails to comply with any of the above rules will be in
violation of this chapter.
All garage sales shall be conducted between the hours of 9:00
a.m. and 5:00 p.m. Thursday through Saturday, or 12:00 p.m. and 3:00
p.m. on Sunday.
For the purposes of this chapter, any person desiring to secure
a permit to conduct a garage sale shall, at least one week prior to
the date and time set for such sale, complete and submit to the Borough
Clerk an application for the issuance of a permit and shall pay the
required fee. Said application shall be in such form as the Borough
may establish and contain the following information:
A.
The name of the person, firm, group, corporation, association or
organization conducting the sale.
B.
The name of the owner of the property, the names of the person or
persons and their addresses and telephone numbers if other than the
owners, who will be participating in said garage sale and consent
of the owner if the applicant is other than the owner.
C.
The location at which the sale is to be conducted.
D.
The dates and times of such sale.
E.
The relationship or connection the 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.
F.
Whether or not the applicant has been issued any other vendor's
license by any local, state or federal agency.
G.
A sworn statement of affirmation by the person signing that the information
therein given is full and true and known to him to be so.
The Borough Clerk shall receive applications and the required
filing fee and if, upon review of the application, the same is in
compliance with the requirements of this chapter and any regulations
promulgated hereunder, shall issue the permit, and said Clerk shall
number the applications and permits in chronological order beginning
with the current year and the number.
No permit issued by the Borough shall be to any other individual,
nor shall the place of sale be changed without cancellation of the
permit and issuance of a new permit upon application and payment of
the required fee for the new location.
A.
This chapter shall be enforced by the Florham Park Police Department.
B.
Copies of the permit shall be provided to the Police Department upon
issuance of the permit.
C.
The permit holder is hereby made responsible for the maintenance
of good order and decorum on the premises during the hours of such
garage sale.
D.
No permit holder shall permit any loud or boisterous conduct on the
premises where the sale is being held or permit vehicles to impede
passage of the traffic on any roads or streets in the area of the
premises where the sale is being conducted.
Any person, family group, corporation or other entity conducting
any such sale or similar activity without being properly permitted
therefor or who shall violate or fail to comply with any terms and
provisions of this chapter or any other rules, regulations or provisions
adopted or approved by the Council shall be deemed in violation of
this chapter and shall be punishable in a fine not to exceed $300
per offense. Each day that such sale or violation continues without
being permitted shall be considered and shall constitute a separate
offense.
