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Borough of Beach Haven, NJ
Ocean County
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Table of Contents
Table of Contents
Code
New Laws (3) Index Notes (1)
[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 7-12-1999 by Ord. No. 99-11. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
PRIVATE SALES
The sale, exchange or display for sale of any used personal property, conducted on or about lands and premises located within the borough in areas which are not zoned permitting commercial use. The term shall also include garage sales and shall include sales whether conducted by negotiation or by auction.
Private sales as hereinabove defined shall be permitted only in accordance with the terms of this chapter.
A. 
It shall be unlawful for any person, firm or corporation to conduct any private sale or auction in the Borough of Beach Haven without first making application to the Code Enforcement Department of the Borough of Beach Haven for a license to conduct such sale. Application shall be made at least one week prior to conduct of such sale and the application shall be accompanied by a fee of $10.
[Amended 5-9-2011 by Ord. No. 2011-8C]
B. 
No license shall be issued to any one person more often than twice in any twelve-month period, nor shall any license be issued for a sale at any one location more often than twice in any twelve-month period. No license shall be issued for more than two consecutive calendar days.
C. 
The application for any such license shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the property at which the sale is to be conducted, if different from the applicant.
(3) 
The location of the property at which the sale is to be conducted.
(4) 
The date or dates proposed for the conduct of the sale.
(5) 
The date and location of any past sales conducted by the applicant.
(6) 
A description of any other past sales conducted by the applicant.
(7) 
A certification that the statements contained in the application are true.
All private sales shall be conducted between the hours of 7:00 a.m. and 5:00 p.m.
No signs for advertising or soliciting customers for the sale shall be placed other than on the lands licensed for the conduct of the sale. A single sign, double faced so that the legend is legible from either side, not exceeding two feet by two feet overall dimensions, including trim, shall be permitted. The sign may be placed on the site no more than two days prior to the sale and must be removed by 9:00 p.m. on the last day of the sale.
No food stuffs, no perishable items, no personal property other than the property of the applicant, not purchased for the expressed purpose of sale, shall be offered for sale. In addition, no goods nor merchandise or personal property of any sort, kind or description requiring treatment by any laws of the State of New Jersey or the United States shall be offered for sale without first supplying such treatment.
The provisions of this chapter shall not apply to:
A. 
Sales pursuant to judicial process.
B. 
Sales conducted by public officials performing public business.
C. 
Any person selling or advertising for sale an item or items of personal property which are specifically named and described in the advertisement offering them for sale and which separate items do not exceed five in number.
D. 
Any sale by any merchant in any area of the Borough of Beach Haven zoned for business or retail sales.
E. 
Any sale made by any licensed veteran licensed under the New Jersey veterans vending laws.
F. 
Any sale made by any vendor licensed under Beach Haven Borough vending laws.
G. 
Any sale made by a charitable religious, civic or eleemosynary organization.
This chapter shall be enforced by the Code Enforcement Officer of the Borough of Beach Haven as well as the Beach Haven Police Department. Where any sale is taking place without being properly licensed, the Building Inspector of the Borough of Beach Haven or the members of the Beach Haven Borough Police Department shall immediately order the sale to cease and desist, and in the event of a failure to cease and desist, all persons continuing to operate the sale or participate therein shall be deemed guilty of a violation of this chapter.
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-16, General penalty provisions.