Garage/Yard Sale Ordinance
4-16 GARAGE SALES.
4-16.1 Definitions.
As used in this section:
Garage sale shall mean and include all sales called, "garage sale", "lawn 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 the sale.
Person shall mean and include individuals, partnerships, voluntary associations and corporations.
(Ord. #866, §1)
4-16.2 Frequency of Sales*.
A garage sale may be conducted on any one property not more than three times within a twelve (12) month period and no such sale shall be conducted for more than two (2) consecutive calendar days. In no event shall more than one (1) garage sale be conducted on a property in any calendar month. There shall be no fee charged by the Borough for any garage sale. (Ord. #14-93, §1)
4-16.3 Conduct of Sale.
a. All garage sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m.
b. All signs relating to any garage sale shall have a space allotted thereon upon which shall be placed the name and address of the person running the sale. The signs shall not be posted prior to the date of the garage sale and shall be removed within forty-eight (48) hours after the completion of the sale.
c. The owner and occupant 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 activity. No such 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 any member of the police or Fire Departments of the Borough of Midland park in order to maintain the public health, safety and welfare.
(Ord. #866, §3; Ord. #14-93, §2)
4-16.4 Persons and Sales Excepted.
The provisions of this section 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 persons selling or advertising for sale not more than five (5) items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five (5) in number.
d. 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 section have not been complied with.
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 Land Development Regulations of the Borough of Midland Park or under the protection of the nonconforming 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 by any such other ordinance or Statute.
f. Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this paragraph shall be on the organization or institution claiming such exemption.
(Ord. #866, §4)
4-16.5 Enforcement.
This section shall be enforced by the Chief of Police, the Zoning Officer, Construction Official and such other employees, officers or agents which may be designated by resolution of the Mayor and Council. It shall also be the duty of the Enforcing Officer to investigate any violation of this section coming to his attention, whether by complaint or arising from his personal knowledge, and if a violation is found to exist, he shall file a complaint before the local Municipal Court pursuant to the provisions of this section. It shall also be the duty of the Police Department to bring to the attention of the Chief of Police for further investigation any violations of this section of which the Police Department becomes aware during the course of its normal duties. (Ord. #866, §5)
4-16.6 Penalty.
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this section, shall upon conviction, be liable to the following penalties:
a. Upon conviction of violation of this section for the first time, the violator shall be fined not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars;
b. Upon conviction of violation of this section for the second time, the violator shall be fined not less than one hundred ($100.00) dollars nor more than four hundred ($400.00) dollars or shall be imprisoned for a term not to exceed thirty (30) days or shall be ordered to perform not more than thirty (30) days of community service or any combination thereof;
c. Upon conviction of violation of this section for a third time, the violator shall be fined not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars or shall be imprisoned for a term not to exceed sixty (60) days or shall be ordered to perform not more than sixty (60) days of community service or any combination thereof;
d. Upon conviction of violation of this section for a fourth time, the violator shall be fined not less than five hundred ($500.00) dollars nor more than one thousand ($1,000.00) dollars or shall be imprisoned for a term not to exceed ninety (90) days or shall be ordered to perform not more than ninety (90) days of community service or any combination thereof.
(Ord. #866, §6)