City of Somers Point, NJ General Regulations Applicable to all Licenses and Permits Issued Under This Chapter

It shall be unlawful for any person to whom a license or permit has been issued to:

Attempt to peddle or distribute merchandise or printed material, or solicit funds or canvass for information, without first having identified himself as a peddler, solicitor, vendor, or canvasser registered with the City and displaying the license issued therefor.

Have exclusive right to any location on a public sidewalk.

Enter or attempt to enter the land of any resident in the City where such resident has posted a legible and reasonably prominent notice prohibiting such entry or which property is listed on the "Do Not Solicit" list.

Refuse to leave a private dwelling or property after having been once requested to do so by the owner or occupant thereof.

Distribute obscene merchandise or printed material that advocates unlawful conduct.

Distribute or offer for sale drug paraphernalia, fireworks, illegal knives, weapons or other illegal devices.

Litter the streets, public places or other property within the City by any merchandise or printed material.

Vehicle obstruction.

(1)

Station, place, set up or maintain a cart, wagon, motor vehicle or other vehicle or allow it to remain on any sidewalk in a way that would:

(a)

Restrict, obstruct, interfere with or impede the pedestrian's right-of-way;

(b)

Restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;

(c)

Create or become a nuisance;

(d)

Increase traffic congestion or cause or increase traffic delay or hazard; or

(e)

Cause or create or constitute a danger to life, health or property.

(2)

Sell, solicit, vend, or offer products for sale, canvass, peddle or solicit by parking in a public place or on-street parking place and conducting business from that vehicle in that location unless specified in and approved as a condition of the license or permit.

(3)

A determination made by the City's Code Enforcement Officer, Engineer or member of the Police Department shall control.

Engage in commercial solicitation, canvassing, peddling, vending or making offers to sell or solicit except between the hours of 9:00 a.m. and 5:00 p.m., Mondays through Saturdays, or engage in noncommercial solicitation, canvassing, vending or peddling except between the hours of 9:00 a.m. and 9:00 p.m. There shall be no soliciting or canvassing by other than a noncommercial canvasser or exempt organization on Sundays or on state and federal holidays.

Peddle using a cart the dimensions of which exceed two feet in width, four feet in length and four feet in height (2' W x 4' L x 4' H), including wheel height, while conducting business on any sidewalk.

Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of the peddler's cart.

Engage in the business of peddling within 25 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.

Engage in the business of peddling on any sidewalk or along any street within 30 feet of any fire hydrant, crosswalk, driveway or intersecting street(s) or sidewalk(s).

Station, place, set up or maintain a peddler's cart or goods against display windows of fixed-location businesses, nor shall they be within 100 feet of an entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly.

Engage in the business of peddling within 100 feet of any location where another peddler is engaged in the business of peddling.

Engage in the business of selling at any location without giving a written receipt to each customer for any sale in excess of $20. The receipt shall show clearly the seller's name, business address, license number, a description of the merchandise sold, and the purchase price and shall be sequentially numbered.

Engage in the business of peddling on any sidewalk or along any street within 100 feet of a bus stop. For the purpose of this section, the words "bus stop" shall include the sidewalk and the adjoining street where there is a designated bus stop.

Sell food, drinks, ice cream, confections or other items for immediate consumption unless the peddler has available for public use his litter receptacle, which shall be clearly marked and maintained for his patronage use; nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from the sales made by him; nor shall any person sell food, drinks, ice cream, confections or other food items for consumption without having first received any permit or license required by the City or the Atlantic County Board of Health for food handling.

Leave any cart unattended at any time or place or leave the same overnight on any sidewalk or other public property.

Hold out or represent, directly or indirectly, the license as an endorsement by the City of the solicitation or the purpose thereof.

Make public use of the name of any person in the course of solicitation in such manner as to hold out, represent, suggest or imply, directly or indirectly, to the public that such person sponsors, endorses, approves of or recommends the solicitation or the purposes thereof, unless such person shall have given his or its consent to such use either by written permission or by actively participating in the conduct of the solicitation. Without limitation, the inclusion of a person's name on stationery, letterhead, advertisements or brochures, or public reference to a person as one who has contributed to the solicitation, shall be deemed such a public use in violation of this section.

During City-sponsored events, including but not limited to Bay Fest, Good Ole Days, Summer Beach Concert series no commercial canvasser, solicitor, peddler or vendor will be permitted within the activity area or on adjacent public sidewalks and streets, except if requested and approved by the sponsor of the event as determined by the City's Community, Education and Recreation Director or his/her authorized and designated representative.

[Amended 4-30-2015 by Ord. No. 11-2015]

Except as provided in Subsection V above, no person will be permitted at any time to vend, solicit, sell or canvass upon property owned by or under the control of the Somers Point Board of Education, or by the City of Somers Point or any of its departments and agencies, including but not limited to the library, City Hall, Memorial Beach, Kennedy Park, all sport and recreation fields, any property which appears on the City of Somers Point Registry of Open Space filed with the New Jersey Department of Environmental Protection, and any property under the control or supervision of the Somers Point Recreation Commission.

Conduct a solicitation:

(1)

Which is fraudulent; or

(2)

For a purpose or a beneficiary or recipient which is fraudulent or fictitious; or

(3)

By means which are fraudulent, false or misleading; or

(4)

By misrepresentation or by fraudulent, false or misleading advertising; or

(5)

By the use of aliases, fictitious names or callings, or impersonation of other persons or callings.