[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-18-1998 by Ord. No. 98-6. Amendments noted where applicable.]
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market sales or other casual sales within the Borough of Seaside Heights.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard 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.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person, firm, group, corporation, association or organization to conduct a garage sale in the Borough of Seaside Heights without first completing a garage sale registration form. Such a form can be obtained at the office of the Municipal Clerk during normal business hours.
Any one person shall only be permitted to conduct two garage sales within a twelve-month period, and only two garage sales shall be permitted on any one property within a twelve-month period. In addition, no such sale shall take place for more than two consecutive calendar days. Charitable, religious and nonprofit civic organizations may be permitted to conduct more than two garage sales with the approval of the Borough Council.
All garage sales shall be conducted between the hours of 8:00 a.m. and 6:00 p.m. only.
Any signs posted advertising the garage sale shall be removed within 24 hours after the completion of the sale, and no signs shall be posted on telephone or light poles, nor upon other borough property.
It shall be unlawful for any person, firm, group, corporation, association or organization to conduct a garage sale on any weekend or weekday upon which the following holidays occur: Independence Day, St. Patrick's Day, Easter, Columbus Day, Memorial Day, Labor Day and Mother's Day.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person 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.
Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by the land use ordinances of the Borough of Seaside Heights or under the protection of the nonconforming use section thereof or any sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from a properly zoned premises and would not otherwise be prohibited in the borough ordinances.
Any bona fide charitable, eleemosynary, educational, cultural or other organization or association not-for-profit is exempted from the limitations fixed by § 103-3 hereof upon demonstrating to the Borough Council its right to such exemption. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
This chapter shall be enforced by the Police Department, Code Enforcement Officer or any other employee designated by the Borough Council by resolution to enforce this chapter.
The owner or tenant 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 or activity. No such person shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All goods offered for sale shall be removed from public view within 24 hours after the completion of the garage sale. All such persons shall obey the reasonable orders of any members of the Police Department of the Borough of Seaside Heights in order to maintain the public health, safety and welfare.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.