[HISTORY: Adopted by the City Council of the City of Somers Point 9-23-1982
as Ord. No. 13-1982 (Ch. 43 of 1967 compilation). Section
157-15 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch. 114.
A.
It is the sole purpose and intent of this chapter to
permit a property occupant to sell used items of personal property at his
residence.
B.
It specifically is not the intent of this chapter to
permit the conduct of any business or trade or to permit the renting of property
for the purpose of conducting a sale thereon.
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" or "yard sale" or any similar casual sale of secondhand or
used tangible personal property.
Includes any used goods or other property capable of being the object
of a sale regulated hereunder and which is owned by the licensee.
The owner or lessee of the premises.
Includes individuals who own or rent at the residential home where
a sale takes place.
Subject to the provisions hereinbelow, it shall be unlawful for any
person to conduct a garage sale in the City of Somers Point without first
filing with the City Clerk the information hereinafter specified and obtaining
from such City Clerk a license to do so, to be known as a "garage sale license."
Any person may conduct up to two garage sales within a twelve-month
period at his or her personal residential home. Any garage sales to be conducted
by said person at his or her residential home shall be subject to the obtaining
of an appropriate garage sale license. No garage sale shall continue for more
than three consecutive calendar days, and there shall be a thirty-day period
between any lawn sale at the same location.
Each license issued under this chapter must be prominently displayed
on the premises and visible from the street upon which the garage sale is
conducted throughout the entire period of the licensed sale.
The information to be filed with the City Clerk pursuant to this section
shall be as follows:
A.
The name of the person conducting said sale.
B.
The name of the owner of the property on which said sale
is to be conducted and written consent of the owner if the applicant is other
than the owner. Said written consent shall be affixed to the application.
C.
The location at which the sale is to be conducted.
D.
Dates of days of the sale and the number of days of the
sale, not to exceed three days.
E.
The date and nature of any and all past sales by the
applicant, or at the location in question.
F.
Whether or not the applicant has been issued any other
vendor's or mercantile license by any local, state or federal agency.
G.
Sworn statement or affirmation by the person signing
that the information therein is full and true and known to him to be so.
In the event of inclement weather, all persons issued a license for
a particular date or dates pursuant to this chapter shall be permitted to
utilize their license on an alternate date. Such alternate dates must be supplied
to the City Clerk at least 10 days prior thereto.
The person to whom such license is issued shall be 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, 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 members of the Police or Fire Departments
of the City of Somers Point in order to maintain the public health, safety
and welfare. All premises shall at all times be subject to such reasonable
rules as may be made from time to time by the City Council and shall be subject
to inspection at all times by the Building Inspector, Chief of Police and
Fire Chief or any of their agents, or any other duly authorized representative
of the City of Somers Point.
All garage sales shall be conducted between the hours of 9:00 a.m. and
7:00 p.m., only during the months of June, July and August and between the
hours of 9:00 a.m. and 6:00 p.m., only, during all other months.
No sign for advertising or directing customers shall be posted on any
place other than the premises of the applicant. One sign shall be permitted.
Said sign shall not exceed three by three feet in size and shall not be placed
on the premises earlier than one week prior to the sale and must be removed
immediately upon the termination of the sale.
The licensees shall comply with all local, county, state and federal
regulations for any item sold, including but not limited to those set forth
under N.J.S.A. 26:10-1 et seq.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
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 City of Somers Point, or under
the protection of the nonconforming use section thereof,[1] or any other sale conducted by a manufacturer, dealer or vendor,
which sale would be conducted from properly zoned premises and not otherwise
prohibited in the ordinances.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
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. Repeated
use of this subsection by a person may be evidence of a violation of this
chapter.
D.
Persons selling pursuant to an order or process of a
court of competent jurisdiction.
E.
Any bona fide charitable, 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.
This chapter shall be enforced by any Code Enforcement Officer. It shall
be the duty of the Code Enforcement Officer to investigate any violations
of this chapter coming to his attention, whether by complaint or arising from
his own personal knowledge; and if a violation is found to exist, he shall
prosecute a complaint before the local Municipal Court, pursuant to the provisions
of this chapter.
Any person conducting any such sale or similar activity without being
properly licensed therefor or who shall violate any of the other terms, shall,
upon conviction, be fined in an amount not to exceed $1,000 or be imprisoned
for a term not to exceed 90 days or be subject to a period of community service
not to exceed 90 days, or any combination of the foregoing. Each twenty-four-hour
period that the alleged violation continues shall constitute a separate offense.
