[HISTORY: Adopted by the Borough Council of the Borough of Bay Head as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1984 (§ 4-4 of the 1984 Code); 4-2-2018 by Ord. No. 2018-06]
As used in this article, the following terms shall have the meanings indicated:
- BUSINESS OF PEDDLING OR SELLING ANY PRODUCT FROM A MOBILE FOOD UNIT
- Includes the acts of soliciting or making sale and delivery of any product from a vehicle, directly or indirectly.
- MOBILE FOOD UNIT
- Any vending unit, motorized or not, including hand-carried portable containers, in or on which food or beverage is stored, cooked, cooled, frozen, or prepared and transported for retail sale, or given away at temporary or fixed locations.
- Includes any person, whether a resident of the Borough or not, traveling on foot or by 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. The word "peddler" shall include the words "hawker," "huckster" and "vendor."
No person, firm, or corporation shall engage in business as a peddler within the corporate limits of the Borough of Bay Head with the exception of operators of a mobile food unit.
It shall be unlawful to engage in the business of peddling or selling any products from a mobile food unit in the Borough of Bay Head without first obtaining a license and paying the proper fee or fees therefor, pursuant to the provisions of this article.
It shall be unlawful for anyone engaged in the business of peddling or selling products from a mobile food unit to misrepresent the character of the quality of the merchandise offered for sale, or to importune or otherwise annoy any person or persons for the purposes of effecting sale.
All food and drink products which shall be sold or offered for sale from such mobile food unit shall comply with all laws and local ordinances relating to food and food products.
The following regulations shall apply to the business of peddling or selling products from mobile food unit parked within the Borough of Bay Head:
All sales are to be conducted from areas where automobiles are permitted to park with the exception of the following:
No peddler shall have the right to use any street or sidewalk or part thereof east of East Avenue, nor shall any peddler have the right to use any street or sidewalk or part thereof where the street has a speed limit in excess of 25 miles per hour, specifically including, but not limited to, Route 35 (Main Avenue) and Bay Avenue.
No peddler shall have the right to use any part of a street or sidewalk in excess of 30 minutes. Upon the expiration of such thirty-minute period, a peddler shall be required to relocate to another area at least one block away from that part of the street or sidewalk previously used for the conduct of the peddler's activities.
[Amended 12-3-2018 by Ord. No. 2018-15]
No peddler shall have an exclusive right to any location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
No peddler shall have the right to use any street or sidewalk or part thereof directly in front and/or directly on the side, in the case of a corner lot, of a building engaged in the business of a restaurant or an eating and drinking establishment.
Editor's Note: Former Subsection E(1)(d), regarding hot food licenses, was repealed 12-3-2018 by Ord. No. 2018-15. This ordinance also renumbered former Subsection E(1)(e) as Subsection E(1)(d).
All sales are to be conducted from the curb side of the vehicle and only to pedestrians.
Sales to any individuals remaining in another motor vehicle is prohibited.
No sales of glass containers shall be permitted from mobile units.
All mobile food units shall be required to provide trash and recycling containers.
No person shall sell, offer for sale, hawk or peddle any of the items listed in § 177-1 before 9:00 a.m. or after 8:00 p.m.
Persons licensed under N.J.S.A. 45:24-9 are required to comply with all of the Borough's regulations applicable to the business of peddling or selling products from mobile food units as set forth in this article.
[Added 12-3-2018 by Ord. No. 2018-15]
No person, firm or corporation shall engage in business as a peddler operating out of a mobile food unit within the corporate limits of the Borough without first obtaining a license. The peddler and the mobile unit must both be licensed. Application for all peddler and mobile food unit licenses shall be made to the Municipal Clerk for processing on forms provided by the Municipal Clerk.
Applications must be submitted between January 1 and January 15 and must be accompanied by a vehicle inspection certificate issued by the Ocean County Board of Health, a certificate of authority issued by the New Jersey Division of Taxation, and two proofs of identification. Applications shall set forth:
Name and address of applicant.
Name and address of the owner of the vehicle as registered with the motor vehicle department.
Description of said vehicle to be licensed, giving the name of the manufacturer, serial number, motor number and name of the owner or operator, with any other insignia appearing thereon.
Three business references.
All permanent home addresses of the applicant within the last three years.
Name(s) and address(s) of all salesperson(s) or operator(s) upon said vehicle along with photo copy of valid driver's license or acceptable proof of identification.
Whether or not the applicant or salesperson(s) has been convicted of a crime or the nature of the offense, if any, for which convicted, and the date and place.
If, after a hearing upon said application, the Borough Council determines that the applicant is not a bona fide owner of the vehicle sought to be licensed, such application may be denied.
The number of licenses issued under this article shall be limited as follows:
[Amended 12-3-2018 by Ord. No. 2018-15]
A maximum of two licenses for mobile food units shall be issued for activities conducted pursuant to the provisions of this article, including persons holding validly issued licenses under N.J.S.A. 45:24-9.
In the event that any licenses have not been assigned to persons holding a validly issued and effective license under the provisions of N.J.S.A. 45:34-9 by the end of the application period, and the Borough of Bay Head has received other qualified applications, any remaining license(s) shall be assigned by lottery by the Municipal Clerk and/or his/her designee on the first Monday of February at 10:00 a.m., subject to the approval by the Borough Council.
No licenses shall be issued for a mobile food unit for the preparation and/or sale of hot food.
Any license issued is subject to suspension or revocation for failure to comply with the provisions of this article or any applicable state law. Such suspension or revocation shall only occur after an opportunity for a hearing before the governing body on no less than 10 days' notice.
[Amended 12-3-2018 by Ord. No. 2018-15]
The annual license fee for a peddler shall be $300 for a license to vend cold food. No portion of the fee shall be prorated for any part of the year. Said licensing fees shall be paid immediately following the close of the auction as prescribed in § 177-3D(3). The license shall expire on the 31st day of December in the year of issuance.
Upon receipt of an application for a license, the Municipal Clerk shall forthwith transmit the same to the Chief of Police. The Chief, or his or her designee, will verify the two proofs of identifications and a criminal history check utilizing the Computerized Criminal History (CCH) will be completed on all applicants and employees of the mobile food unit. The Chief of Police shall disqualify an applicant from obtaining a license under this article if a criminal history background check required reveals a record of conviction of any of the following crimes:
In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2.
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection A(1).
If a person who has been convicted of one of the crimes enumerated in Subsection A(1) and (2) can produce a certificate of rehabilitation issued pursuant to N.J.S.2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from a license under this article.
Upon completion of his or her investigation, the Chief of Police shall return the application to the Municipal Clerk with or without approval thereon.
It shall be the duty of any police officer of the Borough 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 article against any person found to be violating the same.
[Amended 12-3-2018 by Ord. No. 2018-15]
This article shall not apply to the delivery of eggs, bread, newspapers or other such 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.
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 subject to inspection by the Board of Health or its authorized agents. Any violation found which is not immediately corrected shall be grounds for revocation of the license.
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Except as otherwise provided, each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
[Adopted 11-1-2004 by Ord. No. 2004-11]
It is the purpose of this article to protect the safety of residents of the Borough of Bay Head, to prevent fraud from being perpetrated upon them and to protect their privacy, while balancing such interests against the opportunity for commercial, political, religious, charitable, and nonprofit organizations to exercise their rights of free speech.
Word usage. For the purpose of this article, certain words or phrases shall be interpreted in the following manner:
Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
- A person or entity seeking to obtain a permit for solicitation from the Borough of Bay Head.
- The Borough of Bay Head, Ocean County, New Jersey.
- Any individual or entity providing compensation, in any form whatsoever, to an individual engaged in solicitation within the Borough of Bay Head.
- A permit for solicitation issued by the Borough of Bay Head pursuant to the provisions of this article.
- To go in or upon private property in the Borough of Bay Head without having been invited to do so by the owner or occupant, for the purpose of (1) advertising, promoting, or selling any product, goods, or service; or (2) conducting market research or a market or opinion survey regarding commercial products or services. By way of illustration and not of limitation, solicitors shall include peddlers, hawkers, itinerant merchants and transient vendors of goods or services. Solicitation shall also include the placement upon private property of handbills or other written material advertising goods or services for sale. Solicitation shall also include the sale of goods or services which the solicitor promises to donate or deliver to a charitable or other nonprofit institution on behalf of the purchaser. Solicitation shall not include the entry upon private property without prior invitation of the owner or occupant by any person representing an entity which (1) qualifies for tax-exempt status under the Internal Revenue Code; (2) qualifies for exemption from property tax under N.J.S.A. 54:4-3.6; (3) qualifies for exemption from sales tax under N.J.S.A. 54:32B-9; or (4) was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes.
No person or entity shall engage in solicitation within the Borough without first having obtained a permit pursuant to the provisions of this article. Failure to obtain a permit prior to solicitation shall constitute a violation of this article. Each day of solicitation without a valid permit shall constitute a separate violation of the article.
Door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property by individuals representing any entity which (1) qualifies for tax-exempt status under the Internal Revenue Code; (2) qualified for exemption from property tax under N.J.S.A. 54:4-3.6; (3) qualifies for exemption from sales tax under N.J.S.A. 54:32B-9; or (4) was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes shall be exempt from the provisions of this article. Solicitation of donations by any such organizations shall not constitute solicitation as defined in this article. Individuals representing such organizations may request a copy of the Borough's "Do Not Solicit" list for their information, but no penalties shall be imposed if they enter in or upon a property identified on the "Do Not Solicit" list or a property which has posted a "No Solicitation" window sticker.
Any person seeking to engage in solicitation within the Borough shall apply to the Police Department for a solicitation permit.
An applicant for a solicitation permit shall be required to provide the following information in writing:
The name of each individual who will engage in solicitation within the Borough;
The present address of each individual who will engage in solicitation within the Borough;
As to each such individual, whether the individual has ever been convicted of a crime, and if so, the nature of the conviction, where convicted, the date of conviction, and the penalty imposed;
The employer or organization for which solicitation will be made;
The address of the employer or organization;
The telephone number of the employer or organization;
The name of the contact person at the offices of the employer or organization;
The type of goods or services to be sold, or the type of survey or research to be conducted;
As to any vehicle to be used by the applicant, the make, model, year, color and license plate information of the vehicle; and
The expected dates of solicitation within the Borough.
An applicant for a solicitation permit shall also be required to produce photo identification, which the Police Department will photocopy and attach to the application form.
The application form shall be signed by the applicant, under penalty of perjury.
Application forms, including photographic identification, shall be retained by the Police Department.
There shall be no fee for a solicitation permit.
Misrepresentation, false statements, or failure to disclose information on the solicitation permit application form shall constitute a violation of this article.
The Chief of Police or, in his absence, the officer in charge of the Police Department, shall issue a permit and identification badge upon completion of solicitation permit application form. The permit and badge shall be issued to any and all applicants who complete the application form and provide photo identification. A separate permit and badge shall be issued to each individual who engages in solicitation within the Borough. The permit shall be signed by the Chief of Police or, in his absence, the officer in charge of the Police Department. The permit shall state the name of the individual, the business or organization for which solicitation is made, and the date the permit was issued.
Each individual engaging in solicitation within the Borough shall carry the permit and wear the badge issued to him upon his person at all times while soliciting within the Borough, and shall produce the permit and badge if requested to do so by the police or any resident. Failure to carry the permit and badge during solicitation shall constitute a violation of this article.
A solicitation permit shall be effective for three months after the date it is issued. Solicitation without a valid permit in effect shall constitute a violation of this article.
Solicitation shall take place within the Borough only between the hours of 9:00 a.m. and 9:00 p.m. Solicitors are encouraged to wear reflective clothing and/or to carry flashlights if soliciting after dark.
Notwithstanding the provisions of any other section of this article, any person or entity owning property within the Borough may register such property on a "Do Not Solicit" list.
Registration for the "Do Not Solicit" list shall be made as follows:
The "Do Not Solicit" list shall be maintained by the Police Department.
It shall consist solely of property addresses, and shall include no further identifying information concerning the ownership of each property.
The Tax Assessor shall notify the Police Department of any change in ownership of property within the Borough. The Police Department shall remove from the "Do Not Solicit" list any property which has changed ownership.
The Chief of Police or, in his absence, the officer in charge of the Police Department shall provide a copy of the "Do Not Solicit" list to each and every applicant to whom a permit is issued pursuant to this article. Upon request, the Chief of Police or his alternate shall also make available a copy of the "Do Not Solicit" list to any individual or entity otherwise exempt from the provisions of this article which intends to engage in door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, or handbill distribution.
Solicitation at any address identified on the "Do Not Solicit" list shall constitute a violation of this article. Each and every solicitation at an address identified on the "Do Not Solicit" list shall constitute a separate violation of the article.
In addition to registration of private property on the "Do Not Solicit" list, any person or entity owning property within the Borough may place in a window at the front of the house a window sticker indicating that the owners or occupants do not wish to be disturbed by solicitation.
A "No Solicitation" window sticker shall be provided by the police department of the Borough.
Solicitation at any address at which a "No Solicitation" window sticker is displayed shall constitute a violation of this article. Each and every solicitation at a property at which a "No Solicitation" window sticker is displayed shall constitute a separate violation of this article.
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,250 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.