As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALES
Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "yard sale," "tag 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 the sale.
[Amended 10-4-2000 by Ord.
No. 24-2000]
GOODS
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder and which is owned by the
licensee or consigned to him.
OCCUPANT
The owner or lessee of the premises.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
[Amended 8-2-1995 by Ord.
No. 12-1995]
It shall be unlawful for any person to conduct a garage sale in the City of Brigantine without first filing with the City Clerk the information hereinafter specified and obtaining from such City Clerk a license to do so, to be known as a "garage sale license," for which the City Clerk shall charge a license fee as set forth in Chapter
210, Mercantile Businesses, Article
II, Fee Schedule.
The information to be filed with the City Clerk, pursuant to this chapter,
shall be as follows:
A. The name of the person, firm, group, corporation, association
or organization conducting said sale.
B. The name of the owner or lessee of the property on which
said sale is to be conducted.
C. The location at which the sale is to be conducted.
D. The number of days of the sale and the dates on which
such sale is to be conducted.
E. The date and nature of any past sale.
F. A sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
In the event of inclement weather, any person issued a license for a
particular date or dates pursuant to this chapter shall be permitted to utilize
said license on an alternate date. Such alternate dates must be supplied to
the City Clerk at least seven days prior thereto.
[Amended 10-4-2000 by Ord.
No. 24-2000]
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 persons 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 or Fire Departments of the City of Brigantine in order to maintain
the public health, safety and welfare. All licensed premises shall at all
times be subject to such reasonable rules as may be made from time to time
by the Board of Commissioners and shall be subject to inspection at all times
by the Building Inspector, Chief of Police and Fire Chief or any of their
agents or any other duly authorized representative of the City of Brigantine.
Likewise, no person or entity, who has been issued a license to conduct a
garage sale, will allow the placement or location of any items to be sold
in the street, sidewalk or other public right-of-way in the City of Brigantine.
Any items located at any garage sale shall be solely on the property of the
person or persons holding said garage sale and shall not in any way block
or interrupt the flow of pedestrian or vehicular traffic.
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
No signs for advertising or directing customers are to be posted on
any place other than the premises of the applicant. The sign is not to exceed
two feet by two feet in size and cannot be placed on the premises earlier
than one week prior to the sale and must be removed immediately upon termination
of the sale.
It shall be unlawful for any person to offer for sale mattresses, bedsprings,
cots, lounges and sofas in any garage sale authorized under this chapter without
first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18,
with respect to the labeling, sterilizing and disinfecting of said mattresses,
bedsprings, cots, lounges and sofas.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A. 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 the zoning regulations of the City of Brigantine 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 ordinances.
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 bona fide charitable, 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.
[Amended 10-4-2000 by Ord.
No. 24-2000]
This chapter shall be enforced by the Building Inspector or the Inspection
Division of the Brigantine Fire Department. It shall be the duty of said Building
Inspector or Fire Inspection Division to investigate any violations of this
Chapter coming to its attention, whether by complaint or arising from personal
knowledge; and, if a violation is found to exist, a summons may be issued
to require any violating party to appear in the local municipal court pursuant
to the provisions of this chapter. It shall be the duty of the Police Department
of the City of Brigantine to bring to the attention of the Building Inspector
or the Inspection Division of the Brigantine Fire Department for further investigation
any violations of this chapter of which the Police Department becomes aware
of during the course of its normal duties.
Any person, association or corporation conducting any such sale or similar
activity without being properly licensed therefor or who shall violate any
of the other terms and regulations of this chapter shall, upon conviction,
be fined not less than $25 nor more than $100 for each violation. Each day
that such sale shall continue without being duly licensed shall be considered
a separate violation.