[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:
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.
