[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:
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]
A.
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.
B.
The application for a license from the Chief of Police
shall contain proof of residence, together with information concerning the
following matters:
(1)
The street or streets within the Town upon which the
applicant intends to engage in selling.
(2)
The nature of goods, wares or merchandise to be sold.
(3)
The date or dates during which the applicant intends
to engage in selling.
(4)
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.
C.
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.
D.
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.
E.
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.
F.
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]
A.
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.
B.
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.
