[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:
Includes the acts of soliciting or making sale and delivery
of any product from a vehicle, directly or indirectly.
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."
A.
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.
B.
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.
C.
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.
D.
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.
E.
The following regulations shall apply to the business of peddling
or selling products from mobile food unit parked within the Borough
of Bay Head:
(1)
All sales are to be conducted from areas where automobiles are permitted
to park with the exception of the following:
(a)
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.
(b)
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]
(c)
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.
(d)
[1]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.
[1]
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).
(2)
All sales are to be conducted from the curb side of the vehicle and
only to pedestrians.
(3)
Sales to any individuals remaining in another motor vehicle is prohibited.
(4)
No sales of glass containers shall be permitted from mobile units.
(5)
All mobile food units shall be required to provide trash and recycling
containers.
F.
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.
G.
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]
A.
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.
B.
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:
(1)
Name and address of applicant.
(2)
Name and address of the owner of the vehicle as registered with the
motor vehicle department.
(3)
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.
(4)
Three business references.
(5)
All permanent home addresses of the applicant within the last three
years.
(6)
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.
(7)
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.
C.
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.
D.
The number of licenses issued under this article shall be limited
as follows:
[Amended 12-3-2018 by Ord. No. 2018-15]
(1)
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.
(2)
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.
(3)
No licenses shall be issued for a mobile food unit for the preparation
and/or sale of hot food.
(4)
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.
A.
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:
(1)
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.
(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).
(3)
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.
B.
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.
A.
Word usage. For the purpose of this article, certain
words or phrases shall be interpreted in the following manner:
B.
APPLICANT
BOROUGH
EMPLOYER
PERMIT
SOLICITATION
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.
A.
Any person seeking to engage in solicitation within
the Borough shall apply to the Police Department for a solicitation
permit.
B.
An applicant for a solicitation permit shall be required
to provide the following information in writing:
(1)
The name of each individual who will engage in solicitation
within the Borough;
(2)
The present address of each individual who will engage
in solicitation within the Borough;
(3)
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;
(4)
The employer or organization for which solicitation
will be made;
(5)
The address of the employer or organization;
(6)
The telephone number of the employer or organization;
(7)
The name of the contact person at the offices of the
employer or organization;
(8)
The type of goods or services to be sold, or the type
of survey or research to be conducted;
(9)
As to any vehicle to be used by the applicant, the
make, model, year, color and license plate information of the vehicle;
and
(10)
The expected dates of solicitation within the
Borough.
C.
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.
D.
The application form shall be signed by the applicant,
under penalty of perjury.
E.
Application forms, including photographic identification,
shall be retained by the Police Department.
F.
There shall be no fee for a solicitation permit.
G.
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.
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.
B.
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.
A.
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.
B.
Registration for the "Do Not Solicit" list shall be
made as follows:
(1)
The "Do Not Solicit" list shall be maintained by the
Police Department.
(2)
It shall consist solely of property addresses, and
shall include no further identifying information concerning the ownership
of each property.
(3)
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.
C.
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.
D.
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.
A.
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.
B.
A "No Solicitation" window sticker shall be provided
by the police department of the Borough.
C.
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.
