[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[1]; amended 10-18-2011 by Ord. No. 241-2011]
[1]
Editor's Note: This ordinance also redesignated former §§ 379-3 through 379-10 as §§ 379-4 through 379-11, respectively.
[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.[1]
[1]
Editor's Note: Former Subsections C and D, pertaining to exceptions with regard to veterans and volunteer firefighters and written application to the chief executive, which immediately followed, were repealed 6-20-2006 by Ord. No. 70-2006.
[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.
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.[1]
[1]
Editor's Note: § 379-11, Number of licenses, added 11-17-2003 by Ord. No. 1312-2003, which immediately followed, was repealed 6-20-2006 by Ord. No. 70-2006.
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1).
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.