Page 6 THE VILLADOM TIMES I • September 1, 2010
Franklin Lakes
Council ponders limiting number of garage sales
by Frank J. McMahon The Franklin Lakes Borough Council is considering an ordinance that would control the number of times a resident could conduct a garage sale on his or her property. Garage sales are informal, irregularly scheduled events for the sale of used goods by private individuals who are not required to obtain business licenses or collect sales tax. Typically the goods in a garage sale are unwanted items from the household which are sometimes new, like-new, or just usable, offered for sale by the home because the owner does not want or need the items, to minimize their possessions, or just to raise extra funds. Garage sales attract people who are searching for bargains or looking for rare and unusual items. Bargaining on prices is routine. Some people buy goods from these sales to restore them for resale. A draft of the ordinance indicates that it would add a chapter to the borough code concerning garage sales that would define a garage sale as any sale entitled garage sale, lawn sale, attic sale, rummage sale, estate sale, flea market sale, or any other similar sale of used personal or household items held on the seller’s premises. The ordinance would apply to an individual, firm, association, partnership, or corporation. While the ordinance would permit garage sales in the borough, it would limit the number of sales a resident could conduct per calendar year. The ordinance would also provide for a penalty not to exceed $1,000 for each and every day in which there is a violation of any provision of this chapter of the code. The ordinance was due to be introduced at the last public meeting of the council, but introduction was postponed so the governing body could discuss the number of days that would constitute a garage sale and the number of garage sales that would be permitted in a calendar year. During the discussion that led up to the postponement of the introduction of the ordinance, the council debated the number of days that should constitute a garage sale.
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The council seemed to come to the consensus that a garage sale should be defined in the ordinance as two consecutive days, and that residents should be permitted to hold two garage sales per calendar year. The effort to limit garage sales in the borough was first raised at the council’s July work session, when it was pointed out that there had been a complaint about a resident who was holding frequent garage sales, and that some residents hold them once a month. At the time, Mayor Maura DeNicola suggested that permitting garage sales twice a year would allow a resident to hold a house sale and a moving sale in the same year, but the ordinance should apply to residential properties and not to church properties. The ordinance will be discussed further at the council’s Sept. 7 work session. Introduction is expected at the Sept. 21 council meeting.
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