[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
12-18-1984 as § 4-1 of the 1984 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage sales," "lawn sales," "attic
sales," "rummage sales," "sidewalk sales" or "flea market sales" 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.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
No person shall conduct a garage sale in the borough without first obtaining
from the Clerk a license, which shall be known as a "garage sale license."
The fee for such license shall be as set forth in the fee schedule on file
at the office of the Municipal Clerk.
Prior to issuance of the license, an application shall be completed
and filed with the Municipal Clerk containing the following information:
A.
The name of the person or organization conducting the
sale.
B.
The name of the owner of the property on which the sale
is to be conducted and the consent of the owner if the applicant is other
than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
The relationship or connection the applicant may have
had with any other person conducting a 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.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known by him to be
so.
Such license shall be issued to any one (1) premises only once within
a twelve-month period, and no such license shall be issued for more than four
(4) consecutive calendar days. Charitable, religious and civic organizations
may be allowed more than one (1) license with the approval of the Borough
Council.
Each license issued under the provisions of this chapter shall be prominently
displayed on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
Signs posted or hand bills advertising a garage sale as herein defined
shall be of a size not larger than twelve (12) inches by twelve (12) inches
and shall 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 and shall indicate the number of the permit issued by the borough
and the dates for which such permits shall be issued. All such signs shall
be removed within forty-eight (48) hours after the completion of the sale.
A newspaper advertisement of such sale shall contain the same information
as required in the case of signs.
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 (5) 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 in a place of business wherein such sale would be permitted
by the zoning regulations of the borough[1] or under the protection of the nonconforming use section thereof
or any sale conducted by a manufacturer, dealer or vendor and which sale would
be conducted from properly zoned premises and not otherwise prohibited in
the borough ordinances, provided that no sidewalk sales shall be conducted
anywhere within the borough.
F.
Any bona fide, charitable, eleemosynary, educational,
cultural or other organization or association not for profit may be exempt
from the four-day limitation fixed 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 N.J.S.A. 15A:2-8 shall be presumptive
evidence of the right of such organization to this exemption.[2]
A.
The provisions of this chapter shall be enforced by the
Police Department of the borough. It shall be the duty of the Chief of Police
or his designated deputy to investigate any violation.
B.
The person to whom the license is issued and the owner
or tenant of the premises on which the 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 the 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 sidewalks in the
area of the premises. All such persons shall obey the reasonable orders of
any member of the Police Department of the borough in order to maintain the
public health, safety and welfare.
A.
Unless otherwise specified herein, for a violation of
any provision of this chapter, the maximum penalty, upon conviction thereof,
shall be a fine not exceeding one thousand dollars ($1,000.) or imprisonment
for up to ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
B.
All fines and penalties under this chapter may be paid
directly to the Municipal Court Administrator, unless otherwise indicated
by the officer issuing the summons.
