[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.]
[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:
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]
[Added 7-16-1997 by Ord. No. 97-8; amended 3-8-2017 by Ord. No. 2017-002]
