As used in this article, 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 any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
It shall be unlawful for any person to conduct
a garage sale in the Borough of Lavallette 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 shall be $8 except on
the date of the Borough-Wide Garage Sale Day. The Borough Council
shall annually, by resolution, establish a date for a Borough-Wide
Garage Sale Day. The fee for a license on the date of the Borough-Wide
Garage Sale Day shall be $10.
A.
The license shall be issued only to premises on which
a residential dwelling is located, it being the intention to prohibit
garage sales on vacant lots and further to limit the issuance of said
permits to specified premises rather than to any individual.
(1)
The license may be issued to any premises only once
in any calendar year, and the license shall be issued for no more
than two consecutive calendar days. Furthermore, no person, firm,
group, corporation or association shall directly or indirectly conduct
a garage sale at any premises within the Borough of Lavallette more
than once in any calendar year. Charitable, religious and civic organizations
may be allowed more than one license with the approval of the Mayor
and Council.
(2)
In the event that inclement weather prevents the licensee
from holding the garage sale, the licensee shall advise the Municipal
Clerk of this occurrence on the first business day following the date
of the proposed garage sale. The licensee may elect two alternative
consecutive days for holding a substitute sale by providing written
notice to the Municipal Clerk; however, the alternate dates must be
within 14 days of the original proposed sale dates.
B.
Each license issued under this article must be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the licensed sale.
C.
Any written notice advertising a garage sale must
make reference to the official permit number assigned by the municipality.
In the event this provision is violated, the license will be immediately
null and void upon the public release of such written notice which
fails to contain reference to the official license number.
The information to be filed with the Borough
Clerk, pursuant to this article, shall be as follows:
A.
Name of person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of owner of the property on which said sale is
to be conducted and consent of owner if applicant is other than 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 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 applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
Sworn statement of 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.
A.
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 Lavallette and the dates for which such permits were
issued.
B.
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 article 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 or personal property which is 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 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 article 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 Lavallette[1] or under the protection of the nonconforming use section
thereof, 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 § 50-11 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 article shall be enforced by the Police Department
of the Borough of Lavallette. It shall be the duty of the Chief of
Police, or his/her designated deputy, to investigate any violation
of this article.
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 Lavallette in order to maintain
the public health, safety and welfare.
