[1997 Code § 276-1]
The following words and phrases, as used in this chapter, shall have the following meanings and definitions:
- PRIVATE AUCTION
- The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, food, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises owned by the occupant, the occupant's immediate family or neighbors of the occupant who are residents of the City of Absecon City and conducted by a person employed for the purpose, whether compensated or not.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling, house or other structure.
- PRIVATE SALE
- The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, food, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage owned by the occupant of the private premises or members of the occupant's immediate family or neighbors of the occupant who are citizens of the City of Absecon City and conducted upon private premises.
[1997 Code § 276-2]
Intent of chapter. No private sale or private auction shall be conducted within the City of Absecon City except in conformance with the provisions of this chapter.
Permit required. No private sale or private auction shall be conducted within the City of Absecon City unless a permit shall have first been issued by the City Clerk permitting the same.
Hours. No private sale or private auction shall be conducted within the City of Absecon City except between the hours of 9:00 a.m. and sunset on the days for which a permit is issued. No permit shall be issued for more than two consecutive days.
Certain refrigerators and iceboxes to have doors detached. 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 private sale or private auction unless the attached lid or door shall first be removed and detached therefrom.
Applicability. Nothing herein contained shall apply to a sale held under a judicial order, judgment or decree or a writ issuing out of any court or to a sale to enforce any lawful lien or power of sale.
Actions prohibited. It shall be a violation of this chapter for any person to sell at private auction any items which are new that have been purchased for resale.
[1997 Code § 276-3]
Application for permit. Upon filing written application with the City Clerk stating the date and place where the private sale or private auction is to be conducted and the type of merchandise to be sold, together with the filing fee, the City Clerk shall issue a permit authorizing the same.
Fee. There shall be a fee of $5 for the issuance of the permit.
Limitation on permits. No person, firm or corporation shall be issued more than one permit within a six-month period, nor shall more than one permit be issued for any one location within a six month period.
[1997 Code § 276-4]
Any person, firm or corporation violating any of the provisions of this chapter shall pay a fine not exceeding $200 or be imprisoned in the County jail for a term not exceeding 30 days, or both.