[Ord. of 3-4-1996]
The purpose of this article is to protect against criminal activity including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy, and to otherwise preserve the public health, safety and welfare by regulating licensing and controlling solicitors, peddlers and itinerant vendors.
[Ord. of 3-4-1996]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ITINERANT VENDOR
Any person, either as principal or agent, who engages in a temporary or transient business of selling and delivering goods, wares and merchandise either from a fixed location within the City or traveling place to place and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, room, apartment, lot, parking lot, parking space or spaces, street or other place, whether public or private, within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at any auction. Any person who engages in transient selling shall not be relieved from complying with the provisions of this article by reason of associating himself with any established local dealer, trader, merchant or auctioneer, or by conducting transient selling in connection with, as part of or in the name of any established local dealer, trader, merchant or auctioneer, unless properly associated with a managing itinerant vendor as defined below who fully complies with the licensing provisions for a managing itinerant vendor for a particular show or event. For the purpose of this chapter, an itinerant vendor who participates in a show or event under the direction and control of a managing itinerant vendor will be deemed to be an agent of the managing itinerant vendor and will not be required to obtain an individual itinerant vendor license for such show or event.
MANAGING ITINERANT VENDOR
Any person who conducts, manages, or organizes a show of itinerant vendors for the purpose of exhibition and sale at any location which is open to the general public and at which goods, wares or merchandise are on display and offered for sale by any vendors.
PEDDLER
Any person whether principal or agent who travels from place to place by any type of conveyance, carrying his wares with him, offering and exposing the wares for sale or making sales and delivering articles to purchasers, or any person who, without traveling from place to place, sells or offers the same for sale from any type of vehicle or conveyance. A peddler generally offers for sale, consummates the sale and delivers the goods at one and the same time to the ultimate consumer. Any person who solicits orders and, as a separate transaction, makes deliveries to purchasers as part of a scheme or design to evade the provisions of this definition shall be deemed peddling and shall be subject to the provisions of this article. The word "peddler" does not include any person who goes upon private property for the purpose of peddling, having been invited to do so by the owner or occupant of such property.
PERSON
Any person, firm, partnership, limited partnership, corporation, association, club, society, or other organization or legal entity.
SOLICITOR OR CANVASSER
Any person who travels from place to place by any type of conveyance taking or attempting to take orders for the sale at retail of goods, wares and merchandise or personal property of any nature whatsoever for future delivery, whether or not such person has, carries or exposes for sale a sample of the subject of such sale, or whether or not he is collecting advance payments on such sales. The word "solicitor" or "canvasser" does not include any person who goes upon private property to solicit or canvass, having been invited to do so by the owner or occupant of such property, and does not include persons under the age of 16 years who are representing local nonprofit organizations.
[Ord. of 3-4-1996]
(a) 
Any City-wide celebrations, observances or special events such as an annual sidewalk sale, which include more than five exhibitors or merchants, shall be exempt from this article; provided, however, that the sponsors shall apply to the Chief of Police for a special events license. The application shall include the name and local address of the sponsor, proposed duration, number of exhibitions or merchants taking part in the sale, purpose of the event and a description of the goods and type of goods to be sold. The refusal of the Chief of Police to issue a special events license may be appealed to the Board of Police Commissioners. (See Section 17-26 post.) The Chief of Police may impose conditions on the approval of the special events license, including required sanitation and cleanup measures, security measures and bond to guarantee performance of the conditions or to secure the payment of the sales tax due to the City.
(b) 
Yard and garage sales shall be exempt from the provisions of this article.
(c) 
The sale of household goods or food products made or raised by the salesperson on his premises shall be exempt from this article, provided that such sales take place on the premises of the salesperson.
(d) 
Vendors, merchants, exhibitors and salesmen who exhibit, demonstrate or solicit orders for goods or merchandise in conjunction with and as part of an organized program of conventions, professional meetings, trade association meetings, seminars or other similar meetings held at hotels, motels or public or private meeting areas within the City shall be exempt from the provisions of this article.
(e) 
The provisions of this chapter as to fees only shall not apply to any general sales auction, fair or bazaar held on the property of and for the benefit of an ecclesiastical society, church corporation, governmental entity or any corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as from time to time amended, provided that no exemption shall apply where the property is rented to or otherwise utilized by any third party. Provisions as to licensing requirements shall apply.
[Ord. of 3-4-1996]
(a) 
The provisions set hereunder are in addition to any and all requirements set forth in the General Statutes of the State of Connecticut, as same may be amended form time to time, as well as state regulations, federal law and other local law.
(b) 
Vending (including managing itinerant vending), canvassing or soliciting under the provisions of the Milford Code of Ordinances shall be limited to the hours of 9:00 a.m. to 10:00 p.m. every day.
(c) 
No orders for goods or wares to be delivered in the future shall be taken without giving a written receipt for all orders taken within the City, which receipt shall be signed by the solicitor and shall set forth a brief description of the goods, wares or merchandise ordered, the total purchase price thereof and the amount of the down payment received by the seller from the purchaser.
(d) 
All licensees hereunder shall be required to conduct themselves in a peaceable, orderly and lawful manner at all times. Licensees and employees of licensees shall wear proper attire (i.e., swimwear or similar clothing is prohibited). Shirts, pants, skirts, shorts or dresses and footwear are required.
[Ord. of 3-4-1996]
(a) 
No peddler, solicitor, canvasser or itinerant vendor or managing itinerant vendor, including any vendor of food in connection with any show or event, shall:
(1) 
Carry on his business upon any street, alley, sidewalk, park or any other public place unless his license specifies that peddling, soliciting, canvassing or vending in such public place is permitted thereunder, and in no case shall such provisions be made without approval by the Chief of Police or his authorized representative;
(2) 
Sell from any establishment or permanent location upon any street, alley, sidewalk, park or other public place; or
(3) 
Park or stand his wagon, automobile or other vehicle upon any sidewalk or sidewalk area, or upon any street, alley, highway or public thoroughfare so as to cause or increase congestion, obstruct travel or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be conclusive as to whether the area is congested, or the public impeded or inconvenienced.
(4) 
Hook up to City utilities in connection with the sale of any product.
(b) 
The Milford Police Department may approve an application to use a public place; provided, however, that the MPD may, after considering the location or area in which the applicant proposes to carry on his business, the type of business to be carried on and other applicable information, determine that the peddling, soliciting, canvassing or transient selling would constitute an obstruction of the public way or place, would constitute a safety or health hazard or other hazardous condition upon the public way or place, would not be in compliance with the laws of the City, or would not be compatible with the intended use or traffic upon the public way or place, and may deny the license or issue a license with reasonable conditions.
(c) 
No stand for the purpose of vending shall be of a height or size so as to obstruct the vision of pedestrian or motor vehicle traffic. All stands shall be portable in nature.
(d) 
No vehicle or stand shall be so located or placed as to obstruct pedestrian or motor vehicle traffic or be detrimental or injurious to public safety or interfere with the use of any street, sidewalk or public place by the public at large.
(e) 
A licensee shall not vend within 1,000 feet of any property used as a school from one hour before the regular school day to one hour after the regular school day, provided this subsection shall not apply on days when school is not in session.
(f) 
All goods, wares or merchandise placed for sale by a street vendor shall be contained upon or within the vehicle or stand used by the street vendor or contained upon the person of said vendor. In no case shall any goods, wares or merchandise be placed directly upon a street, sidewalk or public place.
(g) 
Where food is sold, adequate trash containers shall be maintained by the food vendor, directly adjacent to the food service. For itinerant food vending facilities, the provisions hereunder are in addition to the requirements set forth pursuant to Section 8-51 et seq. ante.
(h) 
Possession or sale of aerosol confetti, silly string, stink bombs, poppers or other similar products by licensees and their employees hereunder is prohibited.
(i) 
No licensee shall shout, blow a horn, ring a bell or use any sound device for the purpose of attracting attention in a manner which creates a nuisance.