[HISTORY: Adopted by the Township Committee of the Township of Rochelle
Park 9-19-2001 by Ord. No. 838. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes every general sale that:
Is conducted from or on premises in any residential district as defined and delineated in Chapter 185.
Is open to the public.
Is conducted for the purpose of selling tangible personal property.
Is a sale commonly referred to as a "garage," "attic," "basement," "porch,"
"lawn," "barn," "yard," "flea market," "rummage," or similar sale.
Property previously purchased, owned, utilized or otherwise in the
lawful possession of a resident occupant of the residence at which the garage
sale occurs. It does not include goods, merchandise or property purchased
for resale or obtained on consignment, or any exemptions set forth under the
following sections.
No person shall sell or offer for sale from or on premises in any residential
district any tangible property other than pursuant to a permit lawfully procured
under this chapter.
No person shall conduct or participate in the conduct of a garage sale
unless a permit for such sale shall have lawfully issued pursuant hereto.
Application for a garage sale permit shall be made on forms prescribed
by the Building Department and shall be filed with the Township Clerk not
less than three days prior to the date of the proposed garage sale. No fee
shall be charged for the issuance of the permit.
The application shall include the following information:
A.
The full name and address of the applicant.
B.
The name and address of the premises on which the proposed
garage sale is to be conducted.
C.
The full name and address of the owner or lessee of the
premises.
D.
The date or dates upon which the sale is to be held.
E.
The date or dates upon which all previous garage sales
on the premises were held within the preceding twelve-month period.
F.
An affirmative certification that the applicant has read
and understands the provisions of this chapter and that all statements made
and information given by the applicant are true.
G.
The signature of the applicant.
H.
The signature of the owner of the premises.
No permit shall be issued:
A.
For a garage sale that will be of more than two consecutive
days' duration; or
B.
For a garage sale on premises on which a garage sale
has been held twice during a twelve-month period of the proposed garage sale;
provided, however, that if a garage sale is not held on the dates for which
the permit is issued or is terminated during the first day of the sale because
of inclement weather conditions and an affidavit to this effect is submitted
by the permit holder, the Building Department may issue another permit to
the applicant for a garage sale to be conducted at the same location within
30 days from the date when the first sale was to be held.
The person to whom the permit is issued shall cause the permit to be
posted at a place on the premises so as to be visible from the street and
to be maintained at such place throughout the entire period of the sale.
Garage sale signs shall comply with the provisions set forth in § 185-132C(12).
No person shall conduct or participate in the conduct of a garage sale
other than between the hour of 9:00 a.m. and 6:00 p.m.
All parking of vehicles shall be conducted in compliance with all applicable
laws and ordinances. Further, the Police Department may enforce temporary
controls to alleviate any special hazards and/or congestion created by any
garage sale.
The person to whom such permit is issued and the owner or tenant of
the premises on which such sale 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. Such persons shall not permit any loud or boisterous
conduct on said premises. All such persons shall obey the reasonable orders
of any member of the Police or Fire Department of the Township of Rochelle
Park in order to maintain the public health, safety and welfare. The premises
shall at all times be subject to such reasonable rules as may be made from
time to time by the Township Committee and shall be subject to inspection
at all times by the Zoning Enforcement Officer, the Police Department and
the Fire Department or any agents or any other duly authorized representatives
of the Township.
The provisions of this chapter shall not apply or to affect the following
persons or sales:
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.
Persons 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 in number.
This chapter shall be enforced by the Zoning Officer, Police Department
or the Fire Department of the Township.
Any person or group of persons who shall violate any tern or provision
of this chapter shall, upon conviction thereof, be subject to imprisonment
in the county jail or in any place provided by the Township of Rochelle Park
for the detention of prisoners for a term not to exceed 90 days or to a fine
not to exceed $500, or both. Any person so convicted may, in the discretion
of the Judge by whom he was convicted, in default of the payment of any fine,
be imprisoned in the county jail or place of detention provided by the Township
of Rochelle Park for any term not exceeding 90 days. Each day that a violation
of a term or provision of this chapter shall continue shall constitute a separate
offense.
