As used in this article, the following terms
shall have the meanings indicated:
PEDDLER
Any person, whether a resident of the Township of West Milford
or not, travelling by foot, wagon, automotive vehicle, or any other
type of conveyance, from place to place, from house to house, or from
street to street, carrying, conveying or transporting goods, wares,
merchandise, meats, fish, vegetables, fruits, garden truck, farm products
or provisions, offering and exposing the same for sale, or making
sales and delivering articles to purchasers, or who, without travelling
from place to place, shall sell or offer the same for sale from a
wagon, cart, automotive vehicle, railroad car, or other vehicle or
conveyance, and further provided that one who solicits orders and
as a separate transaction makes deliveries to purchasers as a part
of a scheme or design to evade the provisions of this article shall
be deemed a peddler subject to the provisions of this article. The
word "peddler" shall include the words "hawker" and "huckster."
It shall be unlawful for any person to engage
in the business of a peddler within the corporate limits of the Township
without first obtaining a license.
[Amended 4-16-1986 by Ord. No. 1986-6; 5-2-2007 by Ord. No. 2007-013; 12-5-2007 by Ord. No. 2007-030]
The annual fee for a peddler's license is set forth in Chapter
135, Fees and Costs. The fees are for the general protection of the public health, welfare and safety.
No peddler, nor any person in his behalf, shall
shout, make any cryout, blow a horn, ring a bell or use any sound
device, including any loud-speaking radio or sound-amplifying system,
upon any of the streets, alleys, parks or other public places of the
Township or upon any private premises in the Township where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, alleys, parks or
other public places, for the purpose of attracting attention to any
goods, wares or merchandise which the licensee proposes to sell.
No peddler shall have any exclusive right to
any location in the public streets, nor shall he be permitted a stationary
location, nor shall he be permitted to operate in any congested area
where his operations might impede or inconvenience the public. He
shall not be permitted to stand or remain in any one place for the
purpose of selling or offering goods, wares or merchandise, or any
product for which he secures a license as per this article for sale,
for a period longer than 15 minutes. For the purpose of this section,
the judgment of a police officer, exercised in good faith, shall be
deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced.