[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:
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.
A.
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.
B.
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.
C.
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:
A.
The name of the person, firm, group, corporation, association
or organization conducting such sale.
B.
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.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale and rain dates.
E.
The date and nature of any past sale.
F.
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.
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, 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.
A.
The provisions of this chapter shall not apply to or
affect the following persons or sales:
(1)
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction;
(2)
Persons acting in accordance with their powers and duties
as public officials;
(3)
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;
(4)
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.
B.
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.
A.
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.
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 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.
A.
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.
B.
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.
