[Prior code § 3-13.1; amended by Ord. 77-5 § 1, 1977]
PRIVATE SALES
The sale or exchange or display for sale of any used personal property, conducted on or about lands and premises located within the Borough in areas which are not zoned permitting commercial use. The term shall also include "garage sales" and shall include sales whether conducted by negotiation or by auction.
[Prior code § 3-13.2; amended by Ord. 77-5 § 1, 1977]
Private sales as defined in Section 5.28.010 shall be permitted only in accordance with the terms of this chapter.
[Ord. 2005-15 § 1, 2005; amended by added in supp. no. 1 by directive from the Borough]
A. 
It is unlawful for any person, firm or corporation to conduct any private sale or auction in the Borough without first making application to the Borough for a license to conduct such sale. Application shall be made at least two days prior to conducting such a sale and the application shall be accompanied by a fee of $5. The license shall be conspicuously posted at the place on the date or dates of the sale.
B. 
No license shall be issued to any one person more often than once in any calendar year, nor shall any license be issued for a sale at any one location more than once in any calendar year, unless in accordance with the number of dwelling units on said property as determined by and approved by the license inspector. No license shall be issued for more than two consecutive calendar days.
C. 
The application for any such license shall contain the following information:
1. 
The name and address of the applicant;
2. 
The name and address of the owner of the property at which the sale is to be conducted, if different from the applicant;
3. 
The location of the property at which the sale is to be conducted and the number of dwelling units on the property;
4. 
The date or dates proposed for the conduct of the sale. In the event of inclement weather, alternate dates may be selected upon notice to the licensing inspector;
5. 
The date and location of any past sales conducted by the applicant;
6. 
A description of any other state or local vendor's license held by the applicant;
7. 
A certification that the statements contained in the application are true.
[Prior code § 3-13.4; amended by Ord. 77-5 § 1, 1977]
All private sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
[Prior code § 3-13.5; amended by Ord. 77-5 § 1, 1977]
No signs for advertising or soliciting customers for the sale shall be placed other than on the lands licensed for the conduct of the sale. A single sign, double-faced so that the legend is legible from either side, not exceeding two feet by two feet overall dimensions, including trim, shall be permitted. The sign may be placed on the site no more than five days prior to the sale and must be removed by 7:00 p.m. on the last day of the sale.
[Prior code § 3-13.6; amended by Ord. 77-5 § 1, 1977]
No food stuffs, no perishable items, no personal property other than the property of the applicant, not purchased for the expressed purpose of sale, shall be offered for sale. In addition, no goods nor merchandise or personal property of any sort, kind or description requiring treatment by any laws of the state of New Jersey or the United States shall be offered for sale without first supplying such treatment.
[Prior code § 3-13.7; amended by Ord. 77-5 § 1, 1977]
The provisions of Chapter 5.28 shall not apply to:
A. 
Sales pursuant to judicial process;
B. 
Sales conducted by public officials performing public business;
C. 
Any person selling or advertising for sale an item, or items, of personal property which are specifically named and described in the advertisement offering them for sale and which separate items do not exceed five in number;
D. 
Any sale by any merchant in any area of the Borough zoned for business or retail sales;
E. 
Any sale made by any veteran licensed under the New Jersey Veterans Vending Laws;
F. 
Any sale made by any vendor licensed under Ship Bottom Borough vending laws;
G. 
Any sale made by a charitable religious, civic or eleemosynary organization.
[Added in supp. no. 1 by directive from the Borough]
This chapter shall be enforced by the code enforcement officer of the Borough as well as by the Ship Bottom police department. Where any sale is taking place without being properly licensed, the code enforcement officer of the Borough or the members of the Borough police department shall immediately order the sale to cease and desist; and in the event of a failure to cease and desist, all persons continuing to operate the sale or participate therein, shall be in violation of this chapter.