[HISTORY: Adopted by the City Council of the City of Cape
May as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1027-94 (Sec. 4-3 of the 1997 Revised General Ordinances)]
[Amended 4-7-2009 by Ord.
No. 172-2009; 5-19-2009 by Ord. No. 181-2009]
As used in this article, the following terms shall have the
meanings indicated:
AT-LARGE LOCATIONS
All City streets except for the restricted areas or as otherwise
prohibited in this chapter.
[Added 6-20-2006 by Ord.
No. 70-2006]
BAIT AND TACKLE VENDOR
A person whose business is limited to the sale of bait and tackle for fishing and who either (i) obtains a mercantile license pursuant to Chapter
310 or (ii) is a veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9.
[Added 10-5-2010 by Ord.
No. 212-2010]
DESIGNATED LOCATIONS
Locations for peddlers along Beach Avenue shall be designated
by the City Council; said locations shall be limited in number to
seven within the City limits. Designated locations will be identified
by reference to a map of the City, and shall be listed (Exhibit A)
specifically by the intersecting City street with Beach Avenue; each
designated location to be within the markings of a parking location
that is regulated by a parking meter and shall be the first parking
metered space closest to the intersecting street line on the south
side of Beach Avenue (along with the metered space immediately adjacent
thereto). Registered peddlers will be required to pay the corresponding
fee for use of the parking location for any portion of time that such
peddler is using the location while parking fees are required. Designated
locations will be provided to each peddler at the time of his registration
and will be further available upon request at the Office of the City
Clerk of Cape May.
[Added 6-20-2006 by Ord.
No. 70-2006]
EXHIBIT A
LIST OF DESIGNATED LOCATIONS [Added 4-7-09 by Ord. No. 172-2009; amended 5-29-2009 by
Ord. No. 181-2009]
|
---|
1.
|
Beach A venue at Pittsburgh A venue
South Side, First two parking spaces on West Side of Public
Access
|
2.
|
Beach A venue at Trenton A venue
South Side, First two parking spaces on East Side of Public
Access
|
3.
|
Beach Avenue at Philadelphia Avenue
South Side, Meters #N95 & N96, East Side of Public Access
|
4.
|
Beach Avenue at Periwinkle
South Side, Meters #N76 & N77, East Side of Public Access
|
5.
|
Beach Avenue at Windsor Avenue
South Side, Meters #B9 & B 10, East Side of Public Access
|
6.
|
Beach Avenue at Grant Street Restroom
South Side, Meters #S11 & S12, West Side of Public Access
|
7.
|
Beach Avenue at First Avenue
South Side, Meters #S68 & S69, East Side of Public Access
|
PEDDLER
Any person, whether a resident of the City or not, traveling
on foot, wagon, bicycle, pushcart, automotive vehicle or any 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, flowers, food, ice cream, fruit ices,
soda water, garden farm products or provisions of similar items, offering
and exposing the same for sale, or making sales and delivering articles
to purchasers. "Hawkers," "hucksters" and "vendors" are included.
RESTRICTED AREAS
Due to the concerns over public health and safety, parking
and traffic congestion, peddlers are not permitted to conduct business
on both sides of the following restricted streets, except for the
designated locations:
(1)
The entire lengths of Beach Avenue, Lafayette Street, Washington
Street, (including the Washington Street Mall), Texas Avenue, Pittsburgh
Avenue, Columbia Avenue, Hughes Street, Ocean Street, Decatur Street,
Jackson Street, Perry Street, Lyle Lane, Carpenter's Lane; West
Perry Street, Mansion Street, Chestnut Street, Broadway, Mt. Vernon
Avenue, Congress Place, Liberty Street, Liberty Place, South Lafayette
Street, Heritage Lane and North Street;
(2)
Madison Avenue, Queen Street, Jefferson Street, Howard Street,
and Stockton Place (from Beach Avenue to Kearney Avenue);
(3)
Kearney Avenue (from Madison Avenue to Gurney Street);
(4)
Stockton Avenue (from Madison Avenue to Howard Street);
(5)
Gurney Street (from Beach Avenue to Columbia Avenue);
(6)
Elmira Street (from Lafayette Street to Broad Street);
(7)
Broad Street (from Elmira Street to Bank Street);
(8)
Third Avenue, Second Avenue, First Avenue Broadway and Patterson
Avenue (from Beach Avenue to Mt. Vernon Street);
(9)
Grant Street, Windsor Avenue and Congress Street (from Beach
Avenue to North Street).
A map depicting the restricted areas is on file with the City
Clerk.
|
[Amended 6-20-2006 by Ord. No. 70-2006; 4-7-2009 by Ord. No. 172-2009]
It shall be unlawful for any person to engage in the business
of a peddler within the corporate limits of the City unless such person
is a resident of the State of New Jersey and is either (i) a person
who has been honorably discharged from the active military service
of the United States, or (ii) is an exempt member of a volunteer fire
department of any municipality or fire district in the State of New
Jersey, and in either case holds and has in his possession a valid
license permitting peddling issued pursuant to and in accordance with
the provisions of N.J.S.A. 45:24-9 et seq.
[Added 6-20-2006 by Ord.
No. 70-2006; amended 4-7-2009 by Ord. No. 172-2009]
Any peddler having a type of license referred to in Section
379-2 who desires to peddle at one of the designated locations within the City shall have registered in the following manner:
A. The peddler applicant shall produce a license issued to him by a
County Clerk, pursuant to Title 45 of the Revised Statutes of New
Jersey.
B. The peddler applicant shall complete and sign a registration form,
made available by the City, setting forth all necessary information
as required by the City for the issuance of a peddler identification
badge, which badge will show the name and photograph of the peddler
and which 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.
C. The peddler applicant shall provide proof of insurance in accordance with Section
379-13 (Insurance Requirements) of this article, below.
D. A registration shall be renewable each year between March 1 and April
30. Peddlers whose applications for registration are received by the
City on or before April 30 will be eligible for designated locations.
Any peddlers whose applications are received after April 30 will not
be eligible for designated locations but will be eligible to peddle
at an at-large location. In the event that fewer than seven applications
are submitted before the deadline set forth in this subsection, or
if at any time after the deadline there are fewer than seven peddlers
who qualify for the designated locations, additional peddlers necessary
to increase the number to seven will be approved for designated locations
on a first come first serve basis.
E. The City shall be notified of any change in business address or residence
of the peddler, in writing, within 30 days of notice.
F. Registrations shall not be assignable or transferable.
G. The City shall notify peddler applicants who qualify for designated
locations on or before May 5.
H. All peddler applicants who qualify for designated locations must
pay to the City a pro rata share of the parking meter fees for metered
spaces. The City will compute the annual parking meter fee based on
the number of designated parking spaces, number of days in the season
between the Saturday preceding Memorial Day and Labor Day Monday inclusive,
times the metered rate per hour for eight hours per day (10:00 a.m.—6:00
p.m.). All parking meter fees must be paid before the City will issue
the peddler identification badge.
I. There shall be no assessment to any peddler for the registration
procedures defined in this section.
J. The fiscal year for bait and tackle vendors shall begin on October
1 and end on the following May 15. Bait and tackle vendors shall not
be permitted to operate between May 15 and October 1. With the exception
of the license year ending May 15, 2011, registration shall occur
between August 1 and August 31 of each license year. Between September
1 and September 10 of each year, the City will review applications
and, if the City desires to establish a rotation schedule in its sole
and absolute discretion, the rotation schedule will be established
on or before September 15 of each such year. For the license year
ending May 15, 2012, the registration period shall end on October
31, 2011 and the rotation schedule, if applicable, will be set on
or before November 5, 2011.
[Added 10-5-2010 by Ord.
No. 212-2010; amended 10-18-2011 by Ord. No. 241-2011]
[Amended by Ord. No. 1054-95; 11-17-2003 by Ord. No. 1312-2003; 6-20-2006 by Ord. No.
70-2006]
A. The City of Cape May shall control and supervise a rotation of peddlers
throughout the designated locations, which schedule shall require
the peddlers to rotate on a daily basis. If the peddler is either
not registered with the City to peddle at a designated location or,
if registered, not listed to be on one of the designated locations,
the peddler may peddle at any of the at-large locations. No peddler
can occupy the designated location assigned to another peddler while
that peddler is present.
[Amended 4-7-2009 by Ord.
No. 172-2009]
B. No peddler shall have any exclusive right to any at-large location,
nor shall be permitted to operate in any congested area where his
operations would impede or inconvenience the public. A peddler may
remain in one specific at-large location in the City for no more than
one calendar day at a time. Once having remained in any given location
for the maximum permissible time, or for any lesser period of time,
the peddler shall move to a new location which shall not be within
one City block of the previous location, or within 250 feet of that
previous location, whichever is greater.
C. The requirements of Subsections
A and
B, with respect to specific designated or at-large locations, shall apply to any group of peddlers employed by or in any way working for a single entity. Peddlers shall be subject to rotation by City officials to ensure that all peddlers have an equal opportunity to peddle or vend at desirable business locations.
D. No peddler may peddle in a location that is within 150 feet of the
location of any other peddler.
E. No peddler shall leave any peddling cart, wagon, or other peddling
device unattended on the streets or sidewalks or other public passage
of the City at any time.
F. No person shall sell, offer for sale, hawk or peddle from any parking
location that is regulated by a parking meter on Beach Avenue, except
at the designated locations.
G. No person shall peddle from any street in which stopping, standing
or parking is restricted.
H. No person shall peddle within 25 feet of any intersection within
the City.
[Amended 4-7-2009 by Ord.
No. 172-2009]
I. No person shall solicit or conduct business with or sell to persons
in motor vehicles.
J. No person shall 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.
K. No peddler shall 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. No signs which
are not physically attached to the vending unit shall be permitted.
L. No peddler shall 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.
M. No peddler shall engage in the business of selling at any location
without giving a written receipt to each customer (upon request only),
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 clearly show the
seller's name, business address, license number, a description
of the merchandise sold, and the purchase price and shall be sequentially
numbered.
N. No peddler shall station, place, set up or maintain his cart or goods
against display windows of fixed location businesses, nor shall they
be within 25 feet from an entrance to any building, store, theater,
library, school, movie house, or other place of public assembly.
O. No peddler shall 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.
P. No peddler cart, trailer or other unit from which selling is conducted
shall have more than one single axle, nor shall the cart, trailer
or unit be larger than four feet by eight feet.
Q. Push cart vending shall be prohibited at all times and at all locations
in the City due to traffic congestion and conditions potentially dangerous
to vendors, their customers, pedestrians and motorists.
R. All of the regulations contained in this chapter shall apply to bait
and tackle vendors except that any of the regulations contained in § 379-3.J, § 379-4.S, § 379-4.T, § 379-4.U
and § 379-5.B pertaining specifically to bait and tackle
vendors shall be applicable notwithstanding any inconsistent regulations
that pertain to other peddlers within the City.
[Added 10-5-2010 by Ord.
No. 212-2010]
S. The only locations whereby bait and tackle vendors shall be permitted
to operate within the City shall be legal parking spaces on the south
side of Beach Avenue between Wilmington Avenue to the east and Third
Avenue to the west. Each bait and tackle vendor may only occupy one
parking space per day. Bait and tackle vendors may not rove from one
parking space to another in any one day. Each bait and tackle vendor
shall provide adequate lighting to allow people to clearly see the
vehicle, provided, however, that such lighting not interfere with
oncoming traffic to be determined by the Chief of Police or his or
her designee.
[Added 10-5-2010 by Ord.
No. 212-2010; amended 10-18-2011 by Ord. No. 241-2011]
T. The vehicle from which the bait and tackle vendor conducts its business
shall not be permitted to have its engine or a generator running at
any time during its business operations. All bait shall be kept in
coolers with ice at all times and shall not be disposed of in any
receptacles along any City streets, sidewalks, beaches or other public
or private property. The bait and tackle vendor shall maintain a closed
receptacle for all trash and debris connected to or adjacent to the
vehicle closest to the sidewalk and shall be responsible for moving
all such trash and debris in the receptacle and in the general area
surrounding the vehicle at the end of each shift.
[Added 10-5-2010 by Ord.
No. 212-2010]
U. Only bait and tackle vendors shall be permitted to sell bait and
tackle. No other peddlers under this chapter shall be permitted to
sell bait and tackle.
[Added 10-5-2010 by Ord.
No. 212-2010]
V. In the event that any parking meters or other devices are installed
at any parking space occupied by bait and tackle vendors, the bait
and tackle vendors shall be required to pay to the City the parking
fees that would have been derived from such parking spaces occupied
by the bait and tackle vendors during the times that the parking meters
or devices would be in effect pursuant to City ordinance.
[Added 10-5-2010 by Ord.
No. 212-2010; amended 10-18-2011 by Ord. No. 241-2011]
[Amended by Ord. No. 1159-98; 11-17-2003 by Ord. No. 1312-2003; 10-5-2010 by Ord. No.
212-2010]
A. No person shall sell, offer for sale, hawk or peddle in the City any of the items listed in §
379-1 before 9:00 a.m. or after 5:00 p.m. No person shall set up, park, or place any cart, equipment, or vehicle on the public streets for the purposes of vending prior to 8:00 a.m. and after 6:00 p.m.
B. Bait and tackle vendors, however, may operate only from 4:00 a.m.
to 9:00 p.m. during the days of the year permitted under Section 379-3.J.
[Amended 10-18-2011 by Ord. No. 241-2011]
[Amended 6-20-2006 by Ord. No. 70-2006]
It shall be the duty of any police officer of the City to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce a valid license permitting peddling issued pursuant to and in accordance with the provisions of N.J.S.A. 45:24-9, in accordance with §
379-2 above. It shall further be the duty of any police officer of the City to require any person seen peddling in a known designated area, who is not known by such officer to be duly licensed and registered with the City of Cape May, to produce both a valid license permitting peddling issued pursuant to and in accordance with the provisions of N.J.S.A. 45:24-9 and a peddler identification badge issued by the City of Cape May. Police officers of the City of Cape May shall have the duty and authority to enforce the provisions of this chapter against any person found to be violating the same.
[Amended by Ord. No. 1028-94; Ord. No. 1054-95]
This article shall not be construed to include:
A. The delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of the type commonly
delivered on a house-to-house basis at intervals of less than one
week.
B. Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
[Amended 6-20-2006 by Ord. No. 70-2006]
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the inspection of
the Cape May County Health Department or its authorized agents. Any
violation found and not immediately corrected shall be grounds for
revocation of the peddler's registration.
[Amended 6-20-2006 by Ord. No. 70-2006; 4-7-2009 by Ord. No. 172-2009]
No person shall peddle goods, chattels, wares or any other merchandise
on the boardwalk or Promenade, (or the approaches thereto), on any
beach, pedestrian malls, or in any business improvement districts.
Any violation of this article shall be grounds for revocation of the
peddler's registration.
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 or occupiers.
[Amended by Ord. No. 1054-95; 6-20-2006 by Ord. No. 70-2006]
Peddlers shall comply with all City sign regulations as set forth in §
525-48, Sign regulations, of the Code of the City of Cape May.
[Added 11-17-2003 by Ord.
No. 1312-2003; 6-20-2006 by Ord. No. 70-2006]
The holder of any license issued under this article and all
veterans or volunteer firemen who hold a special license issued pursuant
to N.J.S.A. 45:24-9 shall be required to obtain a special parking
permit as a condition to the issuance of such license and/or the right
to conduct business on the City streets. Such permit shall entitle
the holder of such license, without any additional fees or charges,
to occupy two adjacent parking places at all times during which they
are permitted to operate under this article, plus one hour before
and one hour after, for the operation of one vending cart and the
parking of one vehicle. The City will provide a sticker or placard
that must be prominently displayed during such times. The fee for
the parking permit will be equal to the fees charged by the City for
meter parking, to be determined by multiplying the hourly fee times
eight hours per day times the number of days, starting on the Saturday
before Memorial Day and ending Labor Day, times two. This number will
be divided by the total number of designated locations and multiplied
by the number of locations served by parking meters.
[Added 5-17-2005 by Ord.
No. 32-2005]
It shall be unlawful for any person to engage in the business
of a peddler within the corporate limits of the City without first
obtaining comprehensive general liability insurance, with combined
single coverage for bodily injury and property damage which may arise
from operations under or in connection with the peddling, hawking
or vending in an amount not less than $500,000, or such policies and
amounts of coverage as recommended by the Joint Insurance Fund or
current City insurance carrier. The City shall be named as an additional
insured on all such policies. All such insurance policies shall also
include a provision to the effect that the same will be noncancelable
except upon not less than 30 days' prior written notice to the
City. Copies of all policies or certificates of insurance shall be
provided to the City.
[Adopted as Sec. 4-4 of the 1997 Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
SOLICITOR
A person, also known as a "canvasser," whether resident of
the City or not, traveling either by foot, wagon, automobile, motor
truck or any other type of conveyance, from place to place, from house
to house or from street to street, to take or attempt to take orders
for sale of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery, or for services to be furnished
or performed in the future, whether or not the individual has, carries
or exposes for sale a sample of the subject of the sale, and whether
or not he accepts an advance payment for the goods. Any person taking
a poll or a survey from house to house or on the streets or distributing
advertisements or handbills is not included.
It shall be unlawful for any solicitor or canvasser to engage in such business within the City without first obtaining a license pursuant to Article
I, Peddlers, Hawkers and Vendors.
This article shall not apply to any person distributing literature
or handbills on behalf of a candidate for public office.
The application for a solicitor's license shall indicate
the place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time the application is filed,
and the proposed method of delivery.
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 5:00 p.m., nor on Sundays or holidays.