The following words and phrases as used in this
article shall have the following meanings and definitions:
PRIVATE AUCTION
The sale, barter, exchange or display of any new or used
furniture, sporting goods, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods or rummage
conducted upon private premises and conducted by a person employed
for said purpose, whether compensated or not.
PRIVATE PREMISES
Any dwelling house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, garage,
steps or vestibule belonging or appurtenant to such dwelling, house
or other structure.
PRIVATE SALES
The sale, barter, exchange or display of any new or used
furniture, sporting goods, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods or rummage
conducted upon private premises.
No private sale or private auction shall be
conducted within the Borough of Eatontown except in conformance with
the provisions of this article.
No private sale or private auction shall be
conducted within the Borough of Eatontown unless a permit shall have
first been issued by the Borough Clerk permitting the same.
[Amended 8-12-1970; 10-11-2000 by Ord. No.
19-2000; 8-25-2021 by Ord. No. 22-2021]
No private sale or private auction shall be
conducted within the Borough of Eatontown except between the hours
of 9:00 a.m. and sunset on the days for which a permit is issued.
No permit shall be issued for more than four days in any calendar
year (January 1 through December 31).
No refrigerator or icebox having a capacity
of 1 1/2 cubic feet or more, with an attached lid or door which may
be opened and fastened shut by means of an attached latch, lock or
other similar device, shall be displayed, offered for sale or sold
at a private sale or private auction unless the attached lid or door
shall first be removed and detached therefrom.
Nothing herein contained shall apply to a sale
held under a judicial order, judgment or decree or a writ issuing
out of any court or a sale to enforce any lawful lien or power of
sale.
Upon filing written application with the Borough
Clerk stating the date and place where the private sale or private
auction is to be conducted and the type of merchandise to be sold,
together with the filing fee, the Borough Clerk shall issue a permit
authorizing the same.
[Amended 12-10-1986 by Ord. No. 23-86; 3-10-2004 by Ord. No. 6-2004]
There shall be a fee of $10 for the issuance
of said permit.
[Amended 10-11-2000 by Ord. No. 19-2000; 8-25-2021 by Ord. No. 22-2021]
No person, firm or corporation shall be issued
permits for more than four days in any calendar year (January 1 through
December 31); nor shall a permit be issued for any location for more
than four days in any calendar year (January 1 through December 31).
[Amended 3-10-2004 by Ord. No. 6-2004]
Any person, firm or corporation violating any
of the provisions of this article shall pay a fine not exceeding $1,250,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.