Garage Sales - Chapter 140 of the Borough Code
§ 140-1.
Definitions.
§ 140-2.
Hours of sale.
§ 140-3.
Applicability.
§ 140-4.
Enforcement.
§ 140-5.
Violations and penalties.
§ 140-6.
Severability.
§ 140-7.
When effective.
§ 140-1. Definitions.
For the purposes of this chapter, the following terms shall have the meanings indicated:
GARAGE SALE - Includes all sales entitled "garage sale," "lawn sale," attic sale," "estate 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 and which involves and personal property of the owner or occupant of the property upon which the sale is to take place and thus does not involve the transporting of goods onto the premises from another or outside source for the purpose of the sale thereof.
GOODS -Include any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder. Under no circumstances shall food be sold.
PERSON - Includes individuals, partnerships, voluntary associations and corporations.
§ 140-2. Hours of sale.
All garage sales shall be conducted between the hours of 8:00 a.m. and 6:00 p.m. only. All borough ordinances on traffic, parking and signs must be observed.
§ 140-3. Applicability.
The provisions of this chapter shall not apply to or 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. Any publisher of a newspaper, magazine or other publication
or other
communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without knowledge
that the provisions of this chapter have not been complied with.
D. Any sale regulated under any other ordinance of the Borough of Florham Park.
E. Any sale conducted by any merchant or mercantile or
other business establishment
from or at a place of business wherein such sale would be permitted by
the Zoning Regulations of the Borough of Florham Park (See Ch. 250,
Zoning.) or under the protection of the non-conforming use section thereof
or
any other sale conducted by a manufacturer, dealer or vendor and which
sale
would be conducted from properly zoned premises and not otherwise
prohibited under the ordinances of the Borough of Florham Park.
F. Any bona fide charitable, eleemosynary, educational,
"cultural or governmental
institution or organization; provided, however, that the burden of establishing
the exemption under this subsection shall be on the organization or institution
claiming such exemption.
§ 140-4. Enforcement.
This chapter shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violations of this chapter coming to their attention, whether by complaint or arising from its own personal knowledge, and if a violation is found to exist, it shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter.
§ 140-5. Violations and penalties.
Any person, family, group, corporation or other entity conducting any such sale or similar activity who shall violate or fail to comply with nay of the terms and provisions of this chapter or any other rules, regulations or provisions adopted or approved by the Council shall be liable for a fine not to exceed $300. and each day that such sale or violation continues without being permitted shall be considered and shall constitute a separate offense.
§ 140-6. Severability.
If any section, sentence or provision of this chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter.
§ 140-7. When effective.
This chapter shall take effect upon final approval of ordinance.