[HISTORY: Adopted by the Town Council of the Town of North Branford 7-16-1991 by Ord. No. 171, effective 8-14-1991. Amendments noted where applicable.]
As used in this chapter, the following words shall have the meanings indicated:
- HAWKER OR PEDDLER
- Any person, whether principal or agent, who goes from town to town or from place to place in the Town of North Branford selling or bartering or carrying for sale or barter or exposing therefor any goods, wares or merchandise, either on foot or from any animal or vehicle.
[Amended 7-6-2004 by Ord. No. 230]
No person shall engage in peddling, hawking, or vending any goods, wares or other merchandise upon any public streets in the Town of North Branford or upon any state highway, except limited-access highways, within the Town of North Branford or upon any land abutting such streets or highways or from house to house within the Town of North Branford without first having obtained a license from the Chief of Police.
The application for a license from the Chief of Police shall contain proof of residence, together with information concerning the following matters:
The street or streets within the Town upon which the applicant intends to engage in selling.
The nature of goods, wares or merchandise to be sold.
The date or dates during which the applicant intends to engage in selling.
A statement as to whether the applicant has been arrested or convicted of any crime or misdemeanor and, if so, the nature of such crime or misdemeanor.
In the interest of the public's health and safety, no such license shall be issued to persons intending to utilize in the peddling, hawking, or vending of goods, wares, or other merchandise, vehicles, motorized or nonmotorized, that are larger in square footage than minivans or pickup trucks, other than specially designed food vending trucks. Large trucks (in excess of the square footage of said vehicles) and tractor trailers, particularly in connection with their movement in or out of vacant parking lots intended for passenger vehicles going to and from commercial and/or retail establishments, create a viable danger to the public in that the use of such vehicles affects the flow of traffic from adjacent roads and because there is loading and unloading in spaces not designed for loading and unloading.
In addition to such license, for those who intend to engage in peddling, hawking, or vending as aforesaid in Town parks and/or recreation areas, the applicant must indicate agreement in writing to abide by all rules and regulations prescribed by the Department of Parks and Recreation for a specific event on a form to be provided by such Department; it is the responsibility of the applicant to obtain a copy of such rules and regulations, and to execute the same, prior to the particular event.
Notwithstanding the issuance of a license, a peddler, hawker, or vendor or any peddler or hawker using a vehicle, shall have no exclusive right to any location on public streets or public property, shall not be permitted any stationary location therein, other than for a Town or Department of Parks and Recreation sponsored event, and shall not be permitted to operate in any congested area or any area where his/her operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether or not the area is congested or the public impeded or inconvenienced.
Notwithstanding the issuance of a license, no peddler, hawker, or vendor or vending motor vehicle or peddler or hawker using a motor vehicle to go door to door shall conduct his business in such a way as would restrict or interfere with the ingress or egress of the abutting property by the owner or tenant or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life, or property or an obstruction to adequate access to fire, police or sanitation vehicles.
[Amended 7-6-2004 by Ord. No. 230]
The fee for such license shall be $250 for each year or portion thereof and, unless sooner revoked, all licenses shall expire December 31, succeeding the date of the issuance thereof for each person peddling, hawking, or vending, except that such fees shall not be payable by persons exempted therefrom by Section 21-30 of the Connecticut State Statutes.
Licensees shall be licensed to do business only between the hours of 9:30 a.m. and 7:30 p.m., unless such hours are extended by the Department of Parks and Recreation for a particular event.
Each licensee shall be issued a badge when granted a license, which badge shall bear an identification number and shall be worn on the person at all times in a conspicuous place. In addition, each licensee shall carry the license issued under this chapter at all times while conducting activities within the Town and shall exhibit such license when requested to do so by any police officer of the Town of North Branford.
No vendor's license shall be required for sales by farmers and gardeners of the produce of their farms and gardens or for the sale, distribution and delivery of milk, coffees, spices, groceries, meats and baker's goods, for sales on approval, for conditional sales of merchandise or for the taking of orders for merchandise for future delivery when full payment is not required at the time of solicitation or for any general sale, fair, auction or bazaar held or sponsored by an ecclesiastical society, church corporation or nonprofit organization or tag sales or garage sales on premises devoted to residential use as permitted by the Town.
The licensee shall conduct himself at all times in an orderly and lawful manner.
Any such license issued by the Chief of Police of the Town of North Branford may be suspended or revoked by the Chief of Police for violation of any section of this chapter or for reasons of violations of any state or federal law. In such event, the license holder shall forfeit the unused portion of all fees previously paid.
[Amended 7-6-2004 by Ord. No. 230]
In addition to suspension or revocation of license, any person, firm or corporation convicted of violating the provisions of this chapter shall be fined not more than $100 for each offense. A separate offense shall be considered to have been committed on each day a violation occurs.
For purposes of the health, safety and well-being of exempt vendors/solicitors and for purposes of protecting the privacy, safety, health, well-being and peace of the citizens of North Branford, exempt vendors/solicitors shall obtain annually, without cost to them, from the Chief of Police a vendor permit exempt organization form. Failure to obtain a certificate of identification as required by this chapter shall result in a warning from the Chief of Police for a first offense and, for subsequent violations, the imposition of a fine of not more than $50 for each offense.