[HISTORY: Adopted by the Mayor and Council
of the Borough of Spring Lake by Ord. No. 13-1981 (§ 4-4 of the Revised
General Ordinances), as amended through Ord. No. 5-2002. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "auction" or "flea market," 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.
Any goods, warehouse merchandise or other tangible personal
property capable of being the object of a sale regulated hereunder.
Individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct
a garage sale in the Borough without first filing with the Borough
Clerk the information hereinafter specified and obtaining from such
Borough Clerk a license to do so, to be known as a "garage sale license."
The fee for such license shall be and the same is hereby fixed at
$5. The application for a garage sale license shall be filed with
the Borough Clerk at least three days prior to the proposed date of
sale.
A.
Only one such license shall be issued for the same
premises within a period of 12 months, except that in the event that
the premises are sold or transferred within the twelve-month period,
an additional license may be issued to the new owner. Further, a separate
license may be issued where more than one residential structure exists
on the same premises.
B.
A license shall be issued for not more than two consecutive
calendar days except that, in the event that the second day is a Sunday
or legal holiday, the license shall be valid for the first business
day thereafter.
The information to be filed with the Borough
Clerk, pursuant to this chapter shall be as follows:
A.
Name of person, firm, group, corporation, association
or organization conducting the sale.
B.
Name of owner of the property on which such 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.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
A.
All garage sales shall be conducted between the hours
of 9:00 a.m. and 5:00 p.m. only, except that no garage sale shall
be conducted on a Sunday or Legal Holiday.
B.
C.
No goods, warehouse merchandise or other personal
property shall be brought into or upon the licensed site for the purpose
of sale with any goods or personal property belonging to the owner
of the licensed site.
No more than one sign, not exceeding 24 by 24
inches in area, shall be permitted for the purpose of advertising
such garage sale. The sign shall have a space allotted thereon upon
which shall be prominently endorsed the name and address of the person
conducting the sale. If such a sign is used it shall be posted only
upon the premises on which the sale is conducted and shall be removed
within 24 hours after 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 in which separate items do not exceed five in
number.
D.
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 Borough
of Spring Lake or under the protection of the nonconforming use section
thereof[1] or any other sale conducted by a manufacturer, dealer
or vendor, which sale is conducted on properly zoned premises, and
not otherwise prohibited by any other ordinance or statute.
E.
Any bona fide charitable, eleemosynary, 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.
This chapter shall be enforced by the Chief
of Police. It shall be his duty to investigate any violations of this
chapter coming to his attention, whether by complaint or arising from
his own personal knowledge, and if a violation is found to exist,
he shall prosecute a complaint before the local Municipal Court pursuant
to the provisions of this chapter. It shall be the duty of the Police
Department of the Borough to bring to the attention of the Chief of
Police for further investigation any violations of this chapter of
which the Police Department becomes aware during the course of its
normal duties.
A.
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 the premises nor permit vehicles to impede the passage
of traffic on any roads or streets within the area and neighborhood
of such premises. All such persons shall obey the reasonable orders
of any member of the Police or Fire Departments of the Borough of
Spring Lake in order to maintain the public health, safety and welfare.
B.
If police assistance is required in order to maintain
good order and traffic flow the licensee shall be responsible for
the reimbursement to the Borough for the costs involved. Licensee
shall be able to contract in advance for "special police coverage"
by contacting the Spring Lake Police Department at least one week
in advance of the licensed date.
Any person, agent or corporation, conducting a garage sale without being properly licensed therefor or who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties as provided in Chapter 1, Article I, General Penalty. Each day that such sale shall continue without being duly licensed or conducted in violation of the provisions of this chapter shall constitute a separate violation.
