As used in this chapter, the following terms shall have the
meanings ascribed to them:
HAWKER or PEDDLER
Includes any person, either principal or agent, who from
any vehicle or any public street or public place or by going from
house to house, place to place or building to building, on foot or
from a vehicle, sells or barters or offers for sale or barter or carries
or exposes for sale or barter any goods, wares, services or merchandise.
For the purpose of this chapter, the following terms shall be considered
synonymous with "hawker" or "peddler": itinerant merchant, transient
vendor, purveyor and door-to-door salesman.
LICENSEE
A person to whom a license has been issued pursuant to this
chapter.
PUBLIC WAY
Any public street, road, highway, or sidewalk in the City
of Middletown and any publicly owned land adjacent to and abutting
any public street, road, highway, or sidewalk in the City of Middletown.
SOLICITOR
Includes any person who goes from house to house, place to
place or building to building, taking or offering to take orders for
trade, goods, wares, services or merchandise.
VEHICLE
Includes any automobile, truck, wagon or cart, either propelled
by hand, motor power or animals, or any other means of transportation
of commodities or locomotion.
All annual licenses issued hereunder shall terminate on the
30th day of April next succeeding the issuance thereof. All semiannual
licenses shall terminate six months from the date of issuance thereof.
License renewal applications shall be made in person to the City Clerk, who shall issue the same in accordance with the terms of this chapter. The City Clerk, before issuing a renewal of an existing license, shall request the Chief of Police of the City to investigate whether the applicant is of good character and repute and if there has been any change in circumstances involving the applicant from the date of the issuance of the previous license. The Chief of Police shall furnish to the City Clerk, in writing, the information derived from such investigation, together with a recommendation as to whether the renewal should be granted or refused. The criminal history record as provided for in §
353-4B and the fingerprints required pursuant to §
353-3A(8) shall be valid for one year from the date thereof. All other requirements under §
353-3 must be met.
No license issued under the provisions of this chapter may be
used or displayed at any time by any person other than the person
to whom the license is issued and whose name and picture appear on
the license.
All weighing and measuring devices used by licensees shall be
attached to a fixed standard suspended from the vehicle or conveyance
used by such peddler or solicitor, in order to ensure the accuracy
of such device.
A person licensed under the provision of this chapter and using
a vehicle shall place upon either side of the body of such vehicle
the words "licensed vendor" together with the number of such license.
Signs may be painted on or affixed to the licensee's vehicle,
provided they do not exceed the dimensions of the vehicle on which
they are placed and that such vehicle can be driven with the sign
affixed. The use of other moveable, portable or freestanding signs
is prohibited.
It shall be unlawful for any person to peddle, sell or vend
any item in or on any public way that is hazardous or injurious to
the health, safety and well-being of another person.
No person shall stop, either on foot or with any vehicle, in
or on any public way for the purpose of vending any goods or merchandise
longer than while actually engaged in selling at any one time.
Any person violating any provision of this chapter shall be
guilty of a violation and shall be punishable by a fine of not more
than $250 or by imprisonment not exceeding 15 days, or by both such
fine and imprisonment. The continuance of an offense for each twenty-four-hour
period shall be deemed a distinct and separate violation.