[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 5-13-1976 by Ord. No. 734 (Ch. 37A of the 1970 Borough
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch. 200.
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market sales or other casual sales. This chapter requires the obtaining of a permit to conduct such sales. It also limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted from the requirements of this chapter in § 260-8.
[Amended 7-15-1982 by Ord. No. 847]
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," "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 used personal property and merchandise capable of
being the object of a sale regulated hereunder. This definition also
includes objects of personal property which have been previously owned
by any person or private as opposed to commercial or retail use.
Includes individuals, partnerships, voluntary associations
and corporations.
[Amended 12-16-1982 by Ord. No. 857; 11-19-2001 by Ord. No. 1285; 3-25-2010 by Ord. No. 1510; 8-26-2010 by Ord. No. 1541]
It shall be unlawful for any person to conduct a garage sale
in the Borough of Seaside Park without first filing with the Borough
Clerk the information hereinafter specified and obtaining from such
Clerk a license so to do, to be known as a "garage sale license."
The fee for such license is hereby fixed at $10.
A.
Such license shall be issued to any one person only once within a
twelve-month period, and no such license shall be issued for more
than four consecutive calendar days. Charitable, religious and civic
organizations may be allowed more than one license with the approval
of the Borough Council.
B.
Each license issued under this chapter must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
The information to be filed with the Borough Clerk, pursuant
to this chapter, shall be as follows:
A.
Name of the person, firm, group, corporation, association or organization
conducting such sale.
B.
Name of the owner of the property on which said sale is to be conducted
and the consent of owner if the applicant is other than the owner.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
Relationship or connection the applicant may have had with any other
person, firm, group, organization association or corporation conducting
a past sale and the date or dates of such sale.
G.
Whether or not the applicant has been issued any other vendor's
license by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing that the information
therein given is full, true and known to him to be so.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
Signs posted or handbills advertising a garage sale as herein
defined shall be of a size not larger than 12 inches by 12 inches
and must contain, in addition to the definition of the type of sale
being advertised, the name, address and telephone number of the person
conducting the sale, the number of the permit issued by the Borough
of Seaside Park and the dates for which such permits were issued.
All such signs shall be removed within 48 hours after the completion
of the sale. Newspaper advertisement of such sale shall contain the
same information as required in the case of signs.
The provisions of this chapter 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 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.
D.
Any publisher of a newspaper, magazine, other publication or 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 chapter have not been complied with.
E.
Any sale conducted by any merchant or other business establishment
in a place of business wherein such sale would be permitted by the
zoning regulations of the Borough of Seaside Park or under the protection
of the nonconforming use section thereof[1] or any sale conducted by a manufacturer, dealer or vendor
which sale would be conducted from properly zoned premises and would
not otherwise be prohibited in the Borough ordinances.
F.
Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the four-day limitation fixed by § 260-4 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 and the Code
Enforcement Officer of the Borough of Seaside Park. It shall be the
duty of the Chief of Police, or his designated deputy, to investigate
any violation of this chapter.[1]
B.
The person to whom such license is issued and 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 nor 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 such persons
shall obey the reasonable orders of any member of the Police Department
of the Borough of Seaside Park in order to maintain the public health,
safety and welfare.
