[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach 11-23-2004 by Ord. No. 2004-15 (Sec. 5-14 of the 1974 Code). Amendments noted where applicable.]
The purpose of this chapter is to control garage sales, lawn sales, rummage sales, flea market sales or other casual sales. This chapter requires the obtaining of a permit to conduct such sales and limits the number of permits which may be issued to any one person in a twelve-month period. Restrictions are established as to hours of operation and advertising signs. Certain persons and sales are excepted from the requirements of this chapter in § 234-8B.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard sale," "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.
It shall be unlawful for any person to conduct a garage sale in the Borough of Bradley Beach without first filing with the Borough Clerk the information hereinafter specified and obtaining from such Borough 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 license shall be issued to any one person only three times within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days, and rain dates must be specified. Charitable, religious and civic organizations may be allowed more than three licenses with the approval of the Borough Council.
No more than three garage sales may be held at any one location in the Borough of Bradley Beach during the course of any twelve-month period.
Each license issued under this chapter shall state the name of the applicant and the location of the garage sale and must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Borough Clerk pursuant to this chapter shall be as follows:
The name of the person, firm, group, corporation, association or organization conducting such sale.
The name of the owner of the property on which said sale is to be conducted and the consent of owner if the applicant is other than the owner.
The location at which the sale is to be conducted.
The number of days of the sale and rain dates.
The date and nature of any past sale.
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. only.
Any signs posted advertising the garage sale shall be removed at the end of day of sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
Persons acting in accordance with their powers and duties as public officials;
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;
Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by the land use ordinances of the Borough of Bradley Beach or under the protection of the nonconforming use section thereof or any sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from a properly zoned premises and would not otherwise be prohibited in the Borough ordinances.
Any bona fide charitable, eleemosynary, educational; cultural or other organization or association not-for-profit (i.e., Ladies Auxiliary, etc.) may be exempted from the three-day limitation fixed by § 234-4 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 Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
This chapter shall be enforced by the Borough of Bradley Beach Police Department, Borough of Bradley Breach Code Enforcement Officer or any other employee designated by the Borough Council by resolution to enforce this chapter.
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 or permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All goods offered for sale shall be removed from public view by the end of the sale day. All such persons shall obey the reasonable orders of any members of the Bradley Beach Police Department in order to maintain the public health, safety and welfare.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.