[Adopted 9-26-1989 by Ord. No. 1367]
A.
The right to peddle is the right to go from place
to place selling one's wares, not the right to remain indefinitely
at a fixed location. The right to peddle is limited by the rights
of the abutting owners to unobstructed access to their property and
by the public's right of passage over streets and sidewalks. A sidewalk
may not become a public marketplace; and the operation of a fixed
place of sale on a sidewalk or street would constitute a trespass
on the public easement [Note: Above quotation taken from New Jersey
Supreme Court decision Brown v. City of Newark 113 N.J. 565 (1989).]
B.
A peddler subject to Article I of this chapter shall not sell or offer for sale to the general public any merchandise from a fixed location; such peddler is obligated to move about, going from place to place to sell merchandise.
C.
A peddler sells or offers for sale from a fixed location
if such peddler remains at a fixed location for a period of time of
15 minutes or longer, unless extended as provided below.
D.
Extension of time limit.
(1)
The fifteen-minute time limitation is extended beyond
15 minutes for such period of time that customers or prospective customers
are being serviced by the peddler wherein the customers or prospective
customers:
(2)
The fifteen-minute time limitation is further extended
for such time following a sale or purchase that the peddler may need
to replace or replenish merchandise, to perform that which is necessary
to clean, or straighten-up the cart, merchandise, etc.; to secure
the proceeds of the sale; to file copies of receipts; and other such
acts that occur following a sale of merchandise. However, the total
time allotted for acts following a sale under this subsection shall
not exceed 10 minutes.
E.
At the expiration of the 15 minutes plus the extended
period as provided above the peddler must move from such location
to a location at least 25 feet away. Such peddler cannot return to
within 25 feet of such location for a period of at least one hour.
No peddler has the right to any particular location on the public
streets and sidewalks.
No peddler shall:
A.
Engage in the business of peddling unless his cart
is mounted on at least two wheels, which wheels are of a diameter
of not less than eight inches.
B.
Station, place, set up or maintain his cart or allow
it to remain on any sidewalk if to do so would place him closer than
30 feet to any other peddler who is selling on the sidewalk if not
separated by a public street.
C.
Station, place, set up or maintain his cart on the
sidewalk or allow it to remain there except at the curbline for the
purpose of selling goods, wares or merchandise therefrom.
D.
Solicit or conduct business with or sell to persons
in motor vehicles.
E.
Station, place, set up or maintain his cart or allow
it to remain on any sidewalk in such a way as would substantially
restrict, obstruct, interfere with or impede the pedestrian's right
of way; substantially restrict, obstruct, interfere with or impede
the ingress or egress from the abutting property; create or become
a nuisance; increase traffic congestion, cause or increase traffic
delay or hazards; cause or create or constitute a danger to life,
health or property; sell food, drinks, ice cream or confections of
any kind for immediate consumption unless he has available for public
use his own litter receptacle which must be attached to his cart or
vehicle 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 sales
made by him.
F.
Use a cart the dimensions of which exceed two feet
in width, four feet in length and four feet in height, including wheel
height, while conducting business on any sidewalk. An additional four
feet in height is permitted for any covering, awnings, umbrellas,
etc.
G.
Use any cart which, fully loaded with merchandise,
cannot be easily moved and maintained under control by the licensee,
his employee or attendants.
H.
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 his cart.
I.
Leave any cart unattended at any time or store, place
or lease the same overnight on any sidewalk or public way of the Borough.
J.
Engage in the business of selling between 8:00 p.m.
and 9:00 a.m.
[Amended 2-24-2009 by Ord. No. 2009-07]
K.
Station, place, set up or maintain his cart or his
goods, wares, or merchandise, or allow them to remain on any part
of the sidewalk for sale or display or be sold if to do so would place
the seller or his goods, wares, or merchandise closer than 10 feet
from intersecting streets or sidewalks.
L.
Station, place, set up or maintain his cart or allow
it to remain on any sidewalk if to do so would reduce the unobstructed
pedestrian right-of-way to less than six feet.
M.
Engage in the business of peddling within 10 feet
of any location where the curb has been depressed to facilitate pedestrian
or vehicle movement.
N.
Engage in the business of selling at any location
without giving a written receipt to each customer, or engage in the
business of selling at any location without maintaining on his person
or on the cart or vehicle receipts showing the sales made during the
preceding week. The receipts 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.
O.
Engage in the business of peddling on any sidewalk
or along any street which has been designated as a bus stop. For the
purposes of this article, the term "bus stop" shall include the sidewalk
and the adjoining street where that street has been designated as
a bus stop.
P.
Engage in the business of peddling on any sidewalk
or along any street within 15 feet of any fire hydrant, crosswalk
or driveway.
Q.
Station, place, set up or maintain his cart or goods
against display windows of fixed-location businesses, nor shall they
be within 20 feet from an entranceway to any building, store, theater,
library, school, museum, movie house, sports arena or other place
of public assembly.
R.
Place a vehicle or cart or conduct a general peddling
business at a location in the street where stopping, standing or parking
is prohibited, or being a time period when stopping standing or parking
is restricted.
S.
Violate any traffic parking law, ordinance or regulation,
or operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles.
T.
Station, place, set up or maintain his cart 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.
U.
Station, place, set up or maintain his cart within
200 feet of the grounds of any church, synagogue or other house of
worship while same is in session.
V.
Use or operate any loudspeaker, public address system,
sound amplifier, horn, bell, radio, record player, tape player, CD
player, musical instrument or any similar device used to attract the
attention of the public.
W.
Stack items to be sold upon any sidewalk or street.
All material and/or merchandise must be located solely on one vending
unit.
X.
Engage in the business of peddling within six feet
of any public bench, fixture or trash receptacle.
Peddlers of food and beverages shall comply
with the inspection provisions and standards of the Camden County
Health Ordinance and Chapter XII of the New Jersey State Sanitary
Code (in particular N.J.A.C. 8:24-8.1 through 8:24-9.11). The equipment
used in the vending of food and beverages shall be inspected upon
application for registration and receive a certificate of inspection.
Such certificate shall be clearly displayed on the peddling vehicle
or cart. Each food and beverage vending unit shall be inspected at
least once a year by the Camden County Health Department.
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 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 units.
A.
Registration of peddlers. Any person wanting to peddle
or vend, including persons having a type of license obtained under
Title 45 of the Revised Statutes N.J.S.A.45:24-9, who desires to peddle
or vend within Haddonfield Borough shall have in advance registered
with Haddonfield in the following manner:
(1)
The applicant for registration shall produce a license
issued to him by a County Clerk, pursuant to Title 45 of the Revised
Statutes of New Jersey if applicable.
(2)
He shall complete and sign a registration form made
available by Haddonfield setting forth all necessary information as
required by Haddonfield for the issuance of a vendor identification
badge. If the applicant does not have a license issued pursuant to
Title 45 with a photograph and name on it, the applicant must also
submit two clear facial photographs of him or herself of a size acceptable
to the Borough.
(3)
Upon satisfactory completion of the registration process
and upon payment of the registration fee, there shall be issued a
Borough peddler's permit which must be displayed on the peddler's
vehicle or cart at all times in a conspicuous location. The peddler
shall also wear at all times the photo license issued pursuant to
Title 45 or a photo license issued by the Borough. Said badge shall
contain the name, address and photograph of the peddler. Said badge
shall be worn by the peddler in clear view of the public at all times.
No peddler shall be issued more than one identification badge at any
time. At such time as the peddler ceases to vend within Haddonfield
Borough or the current registration year should terminate, he/she
must return his/her identification badge to the Borough.
(4)
A registration shall be renewable each year on or
before February 1.
(5)
There shall be an annual registration fee of $75 per
peddler. In the event the peddler registers on or after August 1,
he or she shall be obligated to pay only 1/2 of the fee mentioned
herein.
(6)
The Borough shall be notified of any change in business
address or residence of the peddler with in 30 days by notice, either
in writing or in person.
(7)
Registrations shall not be assignable or transferable.
B.
Registration of vending units. Any vending unit operated
on the streets or sidewalks of the Borough of Haddonfield must be
registered in advance with the Borough in the following manner:
(1)
The person requesting the vending unit shall complete
and sign a request form made available by the Borough setting forth
all the necessary information as required by the Borough.
(2)
Proof of an insurance policy issued by an insurance
company licensed to do business in the State of New Jersey protecting
the registrant and the Borough from all claims or damages to property
and bodily injury, including death, which may arise from operations
under or in connection with the vending or peddling. Such insurance
shall name as an additional insured the Borough of Haddonfield and
shall provide that the policy shall not terminate or be canceled prior
to the expiration date without 30 days' advance written notice to
the Borough. The amounts of the insurance to be maintained are: personal
injury, $1,000,000 per person and $1,000,000 per occurrence; property
damage, $100,000.
(3)
In the event that food should be vended from said
vending unit, a certificate of health compliance issued by the Camden
County Health Department shall be conspicuously displayed on the vending
unit in clear view of the public. No vending unit selling food shall
be permitted on the streets or sidewalks of the Borough of Haddonfield
without such a certificate of health compliance. [1]
(4)
Every vending unit on the streets of Haddonfield must
have a serial number. Removal and/or destruction and/or damage of
any kind to said serial number will be considered alteration for criminal
intent and will be confiscated. In the event the vendor sells said
unit, the new owner must present to the Borough a notarized receipt
for sale and at that time the original owner will be taken off the
master list and a new ID number will be given to the new owner. Failure
to do so will result in unauthorized vending unit.
(5)
A registration shall be renewable each year before
February 1.
(6)
There shall be an annual registration fee of $250
per unit. In the event registration occurs on or after August 1, the
registration fee shall be only 1/2 of the fee mentioned above.
In the event any person feels aggrieved by an
action or nonaction of a municipal official in the implementation
of this article, said action or nonaction may be appealed to the Borough
Administrator in writing within 10 days of said action or nonaction.
Upon request of said appeal, the Borough Administrator shall, upon
proper notice, conduct a hearing and make such determination as he
deems appropriate.
This article does not prohibit peddlers, solicitors,
canvassers, or transient merchants from selling merchandise from door
to door wherein such sales are to the owners or occupiers of dwellings
or buildings wherein such sales and the delivery of merchandise occurs
on the private property of such owners and/or occupiers.
