[HISTORY: Adopted by the Board of Commissioners of the City of Margate
City 6-23-1983 by Ord. No. 1983-7. Amendments noted where applicable.]
The following words and phrases, as used in this chapter, shall have
the following meanings and definitions:
Includes 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.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
A.
It shall be unlawful for any person to conduct a garage
sale in the City of Margate City without first filing with the City 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.
B.
Such license shall be issued to any one person only twice
within a twelve-month period, and no such license shall be issued for more
than two consecutive calendar days. Charitable, religious and civic organizations
may be allowed more than one license with the approval of the City Board of
Commissioners.
C.
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.
D.
No licenses shall be issued during the period of the Fall Funfest.
[Added 9-4-2003 by Ord. No. 2003-18]
The information to be filed with the City Clerk pursuant to this chapter
shall be as follows:
A.
The name of the person, firm, group, corporation, association
or organization conducting said 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
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.
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.
All garage sales must be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
A.
All persons are prohibited from making, causing to be
made or erecting signs other than those signs provided by the City of Margate
City. Said signs shall be made available by the City of Margate City and shall
be a uniform size and form (12 inches by 12 inches).
B.
The signs are to be posted only on the premises and cannot
be placed on the premises earlier than one day prior to the sale.
C.
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 a 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 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 the Zoning Regulations[1] of the City of Margate City 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 prohibited by the Code of the City of Margate City.
[1]
Editor's Note: See Ch. 165, Land Development.
A.
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.
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 Board
of Commissioners 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.
A.
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 City of Margate City to bring to the attention of the Mayor
and Board of Commissioners for further investigation any violations of this
chapter of which the Police Department becomes aware during the course of
its normal duties.
B.
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 nor 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 Departments of the City of Margate City
in order to maintain the public health, safety and welfare.
[Amended 1-25-1988 by Ord.
No. 1988-1]
Any person, association or corporation conducting any such sale or similar
activity without being properly licensed therefor or who shall violate any
of the other terms and regulations of this chapter shall, upon conviction,
be subject to a fine of not more than $1,000 or to imprisonment for not more
than 90 days, or to both such fine and imprisonment. Each day that such sale
shall continue without being licensed shall be considered a separate violation.
