Borough of Barnegat Light, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light 6-10-1974 by Ord. No. 74-4 as Sec. 15-1 of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Retail food-handling establishments — See Ch. 98.
Garage sales — See Ch. 106.
Noise — See Ch. 124.
Public health nuisances — See Ch. 127.
Peace and good order — See Ch. 131.
Streets and sidewalks — See Ch. 168.
[Amended 3-8-2017 by Ord. No. 2017-002]
Every itinerant vendor, salesman or peddler or a person similarly engaged shall, prior to soliciting any business in the Borough, obtain a license therefor. No more than three such licenses shall be issued to be in effect during the same period of time.
The applicant, or its agent if it is not an individual, shall make application to the Borough Clerk or Chief of Police for the license and shall give such information as may be required in connection therewith.
[Amended 10-13-1981 by Ord. No. 81-9; 3-17-2004 by Ord. No. 04-4; 3-17-2010 by Ord. No. 2010-04]
The license fee shall be $400 for each year or portion thereof, and the license shall expire on the first day of May annually. There shall be no refund or return of any fee paid.
[Amended 10-31-1981 by Ord. No. 81-9; 3-17-2004 by Ord. No. 04-4; 3-17-2010 by Ord. No. 2010-04]
In the event that the applicant has two or more vendors/employees offering goods and/or merchandise for sale, there shall be an additional fee of $400 for each additional vendor/employee used in the Borough of Barnegat Light.
[Amended 5-14-1979 by Ord. No. 79-7]
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person, whether a resident of the Borough or not, traveling 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, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers. "Hawkers" and "hucksters" are included.
[Amended 5-14-1979 by Ord. No. 79-7]
No peddler shall have an exclusive right to any location in the public streets, nor shall any person be permitted a stationary location, nor shall he be permitted to remain in any one given location for a period in excess of five minutes, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. Each licensee shall maintain an adequate trash receptacle in or upon the vehicle used by him and shall be responsible for the collection and disposition of paper wrappers and other debris of his customers.
[Amended 5-14-1979 by Ord. No. 79-7]
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in § 135-5 before 9:00 a.m. or after 9:00 p.m.
[Amended 5-14-1979 by Ord. No. 79-7]
It shall be the duty of any police officer to require any person seen peddling and who is not known by such officer to be duly licensed to produce his peddler's license and to enforce the provisions of this chapter against any person found to be violating the same.
[Amended 5-14-1979 by Ord. No. 79-7]
A. 
The Borough Clerk shall issue to each licensee at the time of delivery of his license a badge on which shall appear the words "licensed peddler" or "licensed hawker," the period for which the license is issued and the number of the license in letters and figures easily discernible from a distance of 10 feet.
B. 
During the time the licensee is engaged in peddling or hawking, his badge shall be worn constantly and conspicuously on the front of his outer garment.
[Amended 5-14-1979 by Ord. No. 79-7]
The following shall also be provided:
A. 
A photograph of the applicant taken within 60 days immediately prior to the date of filing the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
B. 
The fingerprints of the applicant.
C. 
The place where the goods or property proposed to be sold or orders taken for the sale thereof is manufactured or produced, where the goods or products are located at the time the application is filed and the proposed method of delivery.[1]
[1]
Editor's Note: Former Section 15-1.11, Noises and speaking devices, as amended, which immediately followed this subsection, was repealed 7-16-1997 by Ord. No. 97-8.
[Amended 5-14-1979 by Ord. No. 79-7]
A. 
This chapter shall not be construed to include the following:
(1) 
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.
(2) 
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
B. 
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a license but shall be required to comply with all other applicable sections of this chapter.
[Amended 5-14-1979 by Ord. No. 79-7]
Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to peddle, sell or otherwise market cooked foods for immediate consumption by the public, such as hamburgers or hot dogs.[1]
[1]
Editor's Note: See also Ch. 98, Food-Handling Establishments, Retail.
[Added 7-16-1997 by Ord. No. 97-8; amended 3-8-2017 by Ord. No. 2017-002]
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-15. In addition, a violation of this chapter may result in the revocation of the license, and the licensee shall be disqualified from applying for or being issued a license for the ensuing year.