[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:
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.
A.
The provisions of this chapter shall not apply to or
affect the following persons or sales:
(1)
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and duties
as public officials.
(3)
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.
(4)
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[1] 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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
