[HISTORY: Adopted by the Mayor and Council of the Township of Berlin 6-2-1976 by Ord. No. 76:6 (Ch. 68 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 239.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," or "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.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
[Amended 12-22-2003 by Ord. No. 2003-21; 4-29-2019 by Ord. No. 2019-3]
It shall be unlawful for any person to conduct a garage sale in the Township of Berlin without first filing with the Township Clerk the information hereinafter specified and obtaining from such Township Clerk a license so to do, to be known as a “garage sale license.” The fee(s) payable hereunder shall be as set forth in Chapter 156, Fees.
A. 
Such license shall be issued for any one property only once within a six-month period, and no such license shall be issued for more than three consecutive calendar days. In the event of a change in the ownership of the property, the six-month period shall begin to run anew. Charitable, religious and civic organizations may be allowed more than one license with the approval of the Mayor and Council.
[Amended 12-22-2003 by Ord. No. 2003-21]
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 Township Clerk pursuant to this chapter shall be as follows:
A. 
Name of persons, firm, group, corporation, association or organization conducting said sale.
B. 
Name of the owner of the property on which said sale is to be conducted and the consent of the owner, if the applicant is other than the owner.
C. 
Location at which sale is to be conducted.
D. 
Number of days of 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 said 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 and 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.
[Amended 12-22-2003 by Ord. No. 2003-21]
All persons are prohibited from making, causing to be made or erecting any sign of any size or type advertising a garage sale on any property. All such signs are prohibited.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order of 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 or other publication or other 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 mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Chapter 340, Zoning, of the Code of the Township of Berlin, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in the New Jersey Statutes Annotated.
F. 
Any bona fide charitable, eleemosynary, 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.
A. 
This chapter shall be enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to investigate any violation 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. It shall be the duty of the Police Department of the Township of Berlin to bring to the attention of the Zoning Officer for further investigation any violations of this chapter of which the Police Department becomes aware during the course of its normal duties.
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 in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department or Fire Department of the Township of Berlin 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 $500 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the court. 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.