The purpose of this chapter is to control garage sales, lawn sales, or yard 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 (1) person in a twelve (12) month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted for the requirements of this chapter as stated in Section
49-8.
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 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 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 as opposed to commercial or retail use.
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
[Amended 8-18-08 by Ord. No. 2008-28]
It shall be unlawful for any person to conduct a garage sale
in the Township of Barnegat without first filing with the Township
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 shall be and the same is hereby fixed at
five dollars ($5.)
The information to be filed with the Township 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/her 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 advertising a garage sale as herein defined shall
be of a size not larger than one (1) square foot and no more than
four (4) signs per sale.
All signs shall be removed within forty-eight (48) hours after
the completion of the sale.
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 (5) 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 Township of Barnegat or under the protection
of the nonconforming use section thereof of 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
township Code. This shall include what is commonly referred to as
"sidewalk sales."
F. Any bona fide, charitable, eleemosynary, educational, cultural or
other organization or association not for profit. The production of
a certified copy of a certificate of incorporation, pursuant to Title
15 of the Revised Statutes of New Jersey, may be required to be presumptive
evidence of the right of such organization to this exemption, such
organization shall not be required to obtain a license, the terms
and conditions controlling signs shall be applicable.
Any person, firm, association or corporation convicted of violating
any provision of this chapter or any amendment or supplement thereto,
shall be subjected to a fine not exceeding two hundred dollars ($200.)
or imprisonment in the Ocean County Jail for a term not exceeding
thirty (30) days, or both, at the discretion of the Municipal Judge
having jurisdiction in the matter.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
If any section of this chapter or part thereof shall be declared
to be invalid or inoperative, such section, to the extent that is
not invalid or inoperative, shall not be affected thereby and shall
be enforced and effectuate.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.