As used in this article, the following terms
shall have the meanings indicated:
Any vehicle used for the displaying, storing or transporting
of articles, including food, offered for sale by a vendor, which is
required to be licensed and registered by the Department of Motor
Vehicles.
Any individual, but should not be construed to mean a corporation,
partnership, association or any other form of business entity.
Any pushcart, wagon or any other wheeled vehicle or device
which may be moved without assistance of a motor and which is not
required to be licensed and registered by the Department of Motor
Vehicles, used for the displaying, storing or transporting of articles,
including food, offered for sale by a vendor.
Any person who goes from house to house, from place to place
or from street to street traveling by foot, automotive vehicle or
any other type of conveyance, carrying or transporting merchandise
for the purpose of selling and delivering the merchandise to customers.
The word vendor shall also include the words peddler and hawker.
No person shall engage in hawking, peddling
or vending within the Borough of Seaside Heights unless holding and
possessing a valid license permitting hawking, peddling or vending,
issued pursuant to and in accordance with the provisions of Title
45, Revised Statutes of New Jersey (N.J.S.A. 45:24-9 et seq.), and
shall have registered with the Borough of Seaside Heights as hereinafter
provided.
Any person having a type of license referred to in § 122-20 who desires to hawk, peddle or vend within the Borough of Seaside Heights shall in advance thereof register with the Borough in the following manner:
A.
The applicant for registration shall produce a license
issued to him by a County Clerk, pursuant to Title 45, Revised Statutes
of New Jersey.
B.
The applicant shall complete and sign a form of application
for registration made available by the Borough, setting forth the
following information:
(1)
Name and address.
(2)
Description of the applicant.
(3)
A description of the nature of the business proposed.
(4)
A description of the vending unit to be utilized.
If a motor vehicle is to be utilized, the registration number, license
plate number and name and address of insurance carrier and insurance
policy number and coverage must be listed.
The business of hawking, peddling or vending
shall be subject to the following regulations:
A.
All vending units shall not be permitted to be in
use and shall be off the streets and sidewalks of the Borough during
the period from 9:00 p.m. to 7:00 a.m. daily.
B.
All vending units must be on wheels and mobiles.
C.
There shall be no vending within 200 feet of the grounds
of any school between 1/2 hour prior to the start of the school day
and 1/2 hour after dismissal at the end of the school day.
D.
There shall be no vending within 200 feet from any
church, synagogue or other house of worship while same is in session.
E.
No vending unit or motor vehicle shall be left unattended
for any reason on the streets or sidewalks of the Borough of Seaside
Heights.
F.
There shall be no sale of food or beverage for immediate
consumption unless the vendor has made available for the public use
a litter receptacle which is available for use by his patrons.
G.
No vendor shall leave any location without first picking
up, removing or disposing of all trash or refuse remaining from the
sales made by him. The vendor shall not sweep or deposit any accumulation
of litter into any gutter or street.
H.
No vendor shall allow any items relating to the operation
of the vending business to be placed anywhere other than in or on
the vending unit.
I.
No vendor shall set up, maintain or permit the use
of any table, crate, carton or rack or other device to increase the
selling or display capacity of his unit or motor vehicle. There shall
be no stacking of items to be sold upon any sidewalk or street. All
materials and/or merchandise must be located solely on the vending
unit.
J.
No vendor shall solicit or conduct business with potential
customers who are in motor vehicles. All sales are to be conducted
from the curbside of the vending unit and only to pedestrians.
K.
No person shall sell anything other than such commodities
described in the registration.
L.
No vendor shall use any device that produces a loud
or raucous noise or use or operate any loudspeaker, public address
system, radio, sound amplifier or similar device to attract the attention
of the public.
M.
No hawker, peddler or vendor shall have any exclusive
right to any location in the public streets, nor be permitted to operate
in any congested area where the operation might unreasonably impede
the public. A license to hawk, peddle or vend granted under this chapter
does not authorize the display or sale of merchandise from a fixed
location. Said display or sale is hereby prohibited.
N.
No vendor shall sell from a vending unit on a sidewalk
where the sidewalk is less than nine feet in width or vend within
10 feet of the outside perimeter of any entrance to any building or
vend within 20 feet of any driveway, within 20 feet of a crosswalk
of any intersection or within 20 feet of any bus or jitney zone, within
25 feet of any emergency exit, within 20 feet of any loading and unloading
zone or within 25 feet of the principal entrance to a hotel or motel.
O.
No vendor shall allow the vending unit or any other
item relating to the operation of the vending business to be placed
against any building or other structure without the consent of the
owner of said building or structure.
P.
No person shall hawk, peddle or vend unless possessing
a valid state license, issued pursuant to Title 45, Revised Statutes
of New Jersey, and a registration card.
Q.
No vendor vending from a motor vehicle shall conduct
business in such a way as would restrict or interfere with the ingress
or egress of the abutting property owner or tenant or create or become
a public nuisance, increase traffic congestion or delay or constitute
a hazard to traffic, life or property or an obstruction to an adequate
access for fire, police or sanitation vehicles. No vendor vending
from a motor vehicle shall stop, stand or park the vehicle upon any
street or permit it to remain there except on the roadway at the curb
for the purpose of vending therefrom. No vendor vending from a motor
vehicle shall stop, stand or park the vehicle on any street for the
purpose of selling, or sell on any street, under any circumstances
during the hours when parking, stopping or standing has been prohibited
by signs or curb markings or is prohibited by statute or ordinance.
No vendor vending from a motor vehicle shall remain in any one place
for a period longer than necessary to make a sale after having approached
or stopped for that purpose. No vendor vending from a motor vehicle
shall stop, stand or park the vehicle within 50 feet of any intersection.
R.
All vending units must be thoroughly covered with
proper material to assure that no portion that is heated is exposed
where the public is able to come in contact with it.
S.
No vendor shall use any conveyance, device or thing
whatsoever which, when fully loaded with merchandise, cannot be easily
moved and maintained under control by the licensee.
T.
No vendor shall stop, stand, park, place nor allow
a conveyance closer than 150 feet to any other conveyance being used
by any other vendor.
U.
There shall be no mixing of food and nonfood items
for sale.
V.
No vending unit shall be permitted on the public boardwalk
or public beach, nor shall the same be permitted within 250 feet of
the boardwalk.
W.
At no time shall a vending unit be located in such
a way as to not provide a continuous space of eight feet for pedestrian
passage.
X.
Any vendor who is legally blind or totally disabled
may be assisted by a nonveteran vendor, which nonveteran must be registered
with the Borough. The blind or disabled veteran must be present at
the vending unit at all times.
Y.
It shall be unlawful for any mobile vending unit to
dispense products from any metered parking space in this municipality.
Additionally, no vending unit shall park, even temporarily, in any
no-parking area or yellow-curbed area within this municipality.
Z.
No vending unit operating within this municipality
shall remain in any fixed location for more than three minutes from
its last sale to any patron. When operating within the Borough, such
mobile vending unit shall park only in areas where automobiles are
permitted to park and shall begin the sale within five minutes of
the time in which it parks and shall leave that location within three
minutes of its last sale to pedestrian patrons using said service.
[Amended 5-21-1997 by Ord. No. 97-6]
No vending unit shall exceed four feet in width,
seven feet in length and eight feet in height.
A mobile food unit is defined as any vending
unit, including hand-carried portable containers in or on which food
or beverage is cooled or prepared and transported for retail sale,
or given away at temporary or fixed locations. All mobile food units
and mobile food unit operators shall comply with the inspection provisions
and standards of the Seaside Heights Health Code Ordinances. The equipment
used in the vending of food and beverages shall be inspected upon
application for registration and shall receive a certificate of inspection
upon compliance with all applicable Seaside Heights ordinances, state
statutes and all applicable sections of Chapter 12 of the New Jersey
State Sanitary Code, N.J.A.C. 8:24-1 et seq. Each food and beverage
vending unit shall be inspected at least once a year.
All vending units, whether in motor vehicles
or not, in or from which food is prepared or sold shall comply with
the following requirements:
A.
All equipment installed in any part of the vending
unit shall be secured in order to prevent movement during transit
and to prevent detachment in the event of a collision or overturn.
B.
All utensils shall be stored in order to prevent their
being hurled about in the event of a sudden stop, collision or overturn.
A safety knife holder shall be provided to avoid loose storage of
knives.
C.
Compressors, auxiliary engines, generators, batteries,
battery chargers, gas-fueled water heaters and similar equipment shall
be installed so as to be accessible only from the outside of the unit.
D.
Vending units operating after sundown shall be lighted
with at least 30 footcandles of light on all working surfaces.
[Amended 2-16-2005 by Ord. No. 05-06]
A.
Any person violating or failing to comply with any
other provision of this article shall, upon conviction thereof, be
punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment 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.
