[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat
Light 6-14-1976 by Ord. No. 76-8 (Sec.
15-2 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 135.
The following words and phrases as used in this chapter shall have the
following meanings and definitions:
All sales entitled "garage sale," "lawn sale," "attic sale," "rummage
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 said sale.
Any goods, warehouse merchandise or other 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 of Barnegat Light 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 and the same is hereby fixed at $5. Such filing shall be made at
least one week prior to the requested sale date.
[Amended 11-12-1982 by Ord. No. 82-5[1]]
Such license shall be issued for any one dwelling unit utilized for residential purposes only twice within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days. Any dwelling unit not devoted to residential purposes shall not be entitled to a garage sale license as hereinabove defined in § 106-1. Charitable, religious and civil organizations may be allowed more than one license with the approval of the Borough Council.
Each license issued under this chapter must be prominently displayed
on the premises upon which the garage sale is conducted throughout the entire
period of the licensed sale.
The information to be filed with the Borough Clerk pursuant to this
chapter shall be as follows:
A.
Name of the person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of the owner of the property on which the sale is
to be conducted and consent of the owner if the applicant is other than the
owner.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
Relationship or connection the applicant may have 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 the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known by him to be
so.
All garage sales must be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
A.
Purchase from borough. All persons are prohibited from
making, causing to be made or erecting signs other than those signs provided
by the Borough of Barnegat Light. Said signs shall be made available by the
Borough of Barnegat Light and shall be a uniform size and form (12 inches
by 12 inches) and must be purchased from the borough at a cost of $0.50 each.
B.
Posting of signs. The signs are to be posted only on
the premises and cannot be placed on the premises earlier than one week prior
to the sale.
C.
Content and removal of signs. Said signs shall have a
space allotted thereon upon which shall be placed the name and address of
the person running the sale, and said signs shall be removed within 24 hours
after the 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 and which separate items do not exceed five in number.
D.
Any publisher of a newspaper, magazine or 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 chapter have not been complied with.
E.
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 Chapter 215, Zoning, of the Code of the Borough of Barnegat Light 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 be prohibited by this Code.
A.
Sale of bedding. It shall be unlawful for any person
to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage
sales 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.
B.
Sale of refrigerators and iceboxes. 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 garage sale unless the attached lid or door shall first be removed
and detached therefrom.
Upon application by any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization, the Mayor and Council
may waive any or all of the requirements of this chapter; provided, however,
that the burden of establishing eligibility for waiver shall be on the organization
or institution applying for said waiver.
This chapter shall be enforced by the Police Department. It shall be
the duty of members of the Police Department to investigate any violations
of this chapter coming to their attention, whether by complaint or arising
from their own personal knowledge, and if a violation is found to exist, they
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 of Barnegat Light to bring to the attention of the Mayor and
Council for further investigation any violations of this chapter of which
the Police Department becomes aware during the course of its normal duties.
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 or permit vehicles
to impede the passage of such 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 Department of the Borough of Barnegat Light in
order to maintain the public health, safety and welfare.
