[HISTORY: Adopted by the Board of Commissioners (now City Council) of the City of Brigantine 4-6-1977 by Ord. No. 5-1977. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALES
Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard sale," "tag 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 the sale.
[Amended 10-4-2000 by Ord. No. 24-2000]
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder and which is owned by the licensee or consigned to him.
OCCUPANT
The owner or lessee of the premises.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
[Amended 8-2-1995 by Ord. No. 12-1995]
It shall be unlawful for any person to conduct a garage sale in the City of Brigantine without first filing with the City Clerk the information hereinafter specified and obtaining from such City Clerk a license to do so, to be known as a "garage sale license," for which the City Clerk shall charge a license fee as set forth in Chapter 210, Mercantile Businesses, Article II, Fee Schedule.
A. 
A license to conduct a garage sale shall be issued to any one person no more than two times within a calendar year, and no such license shall be issued for more than three consecutive calendar days, and further, the same location will not be used more than two times within the calendar year.
B. 
Each license issued under this chapter must be prominently displayed on the premises and visible from the street upon which the garage sale is conducted throughout the entire period of the licensed sale.
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 or lessee of the property on which said sale is to be conducted.
C. 
The location at which the sale is to be conducted.
D. 
The number of days of the sale and the dates on which such sale is to be conducted.
E. 
The date and nature of any past sale.
F. 
A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
In the event of inclement weather, any person issued a license for a particular date or dates pursuant to this chapter shall be permitted to utilize said license on an alternate date. Such alternate dates must be supplied to the City Clerk at least seven days prior thereto.
[Amended 10-4-2000 by Ord. No. 24-2000]
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 persons shall permit any loud or boisterous conduct on said premises, nor permit vehicles to impede the passage of 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 Brigantine in order to maintain the public health, safety and welfare. All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Board of Commissioners and shall be subject to inspection at all times by the Building Inspector, Chief of Police and Fire Chief or any of their agents or any other duly authorized representative of the City of Brigantine. Likewise, no person or entity, who has been issued a license to conduct a garage sale, will allow the placement or location of any items to be sold in the street, sidewalk or other public right-of-way in the City of Brigantine. Any items located at any garage sale shall be solely on the property of the person or persons holding said garage sale and shall not in any way block or interrupt the flow of pedestrian or vehicular traffic.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
No signs for advertising or directing customers are to be posted on any place other than the premises of the applicant. The sign is not to exceed two feet by two feet in size and cannot be placed on the premises earlier than one week prior to the sale and must be removed immediately upon termination of the sale.
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale 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.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
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 of the City of Brigantine 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 in the ordinances.
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 bona fide charitable, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
[Amended 10-4-2000 by Ord. No. 24-2000]
This chapter shall be enforced by the Building Inspector or the Inspection Division of the Brigantine Fire Department. It shall be the duty of said Building Inspector or Fire Inspection Division to investigate any violations of this Chapter coming to its attention, whether by complaint or arising from personal knowledge; and, if a violation is found to exist, a summons may be issued to require any violating party to appear in the local municipal court pursuant to the provisions of this chapter. It shall be the duty of the Police Department of the City of Brigantine to bring to the attention of the Building Inspector or the Inspection Division of the Brigantine Fire Department for further investigation any violations of this chapter of which the Police Department becomes aware of during the course of its normal duties.
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 fined not less than $25 nor more than $100 for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.