[HISTORY: Adopted by the Township Committee
of the Township of Mantua as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 269.
[Adopted 4-12-1994 (Ch. 92 of the 1978 Code)]
It shall be unlawful for any peddler, hawker,
vendor, seasonal sales vendor, canvasser or solicitor, as hereinafter
defined, to engage in such activity within the Township of Mantua
without first obtaining a license required by and in accordance with
the provisions of this article.
When used in this article, the following terms
shall have the following meanings:
Deemed to be in the category of peddler, hawker, vendor,
solicitor or canvasser, as set forth below.
Includes any person, whether a resident of the Township of
Mantua or not, traveling either by foot, vehicle or any other type
of conveyance, who goes from house to house, from place to place or
from street to street, conveying or transporting goods, wares or merchandise
and offering or exposing the same for sale or making sales and delivering
articles to purchasers.
Includes any partnerships, partner, corporation or corporations or persons, except as defined in § 296-12 hereinafter.
Includes any person, whether a resident of the Township of
Mantua or not, who goes from house to house, from place to place or
from street to street, soliciting or taking or attempting to take
orders for the sale of services to be performed in the future, whether
or not such individual has, carries or exposes for sale a sample of
the subject for such order and whether or not he is collecting advance
payments on such orders.
A person who sells goods and/or merchandise for a specified,
limited purpose and period of time at a fixed location owned by and/or
leased by the applicant.
Any nonprofit religious, charitable, educational, civic or
veterans organization, society, association, service club or volunteer
first aid organization or fire company which is located within and
services the Township of Mantua and sells goods, merchandise and/or
services at a specific location either owned by the nonprofit organization
or at a location not owned by the nonprofit organization having the
written consent of the owners of the property to conduct seasonal
sales activities within the Township of Mantua.
Includes all goods, wares, foods, fruits, vegetables, farm
products, books, magazines, periodicals, arts, crafts and all kinds
of articles of personal property for domestic use.
Only includes Christmas trees, Christmas wreaths, Christmas
grave blankets, Christmas arts and crafts, Easter flowers, Easter
baskets, Mother's Day flowers, Mother's Day baskets, Valentine's Day
flowers and other articles of arts and crafts related to the seasonal
sales activity.
A specific time period to sell goods and/or merchandise as
follows:
Christmas: a time period not to exceed 30 days,
including Christmas Day and the 29 days immediately preceding Christmas
Day.
Easter: a time period not to exceed five days,
including Easter and the four days immediately preceding Easter.
Mother's Day: a time period not to exceed five
days, including Mother's Day and the four days immediately preceding
Mother's Day.
Valentine's Day: a time period not to exceed
five days, including Valentine's Day and the four days immediately
preceding Valentine's Day.
A.
Application for a hawker's, peddler's. vendor's, solicitor's
or canvasser's license.
(1)
An applicant for a hawker's, peddler's, vendor's,
solicitor's or canvasser's license under this article shall file with
the Township Clerk a sworn application, in writing, on a form to be
furnished by the Township Clerk, which shall give the following information:
(a)
The name, address and telephone number of the
organization and/or business applying for a license under the provisions
of this section.
(b)
The name, address, telephone number and description
of those individuals to be employed by and engaged in peddling, hawking,
soliciting or canvassing.
(c)
The place or places of residence of the organization
and/or business applying for a license, as well as of those individuals
engaged by the organization and/or business in conducting peddling,
hawking, vending, soliciting and canvassing activities.
(d)
Social security numbers and driver's license
numbers of individuals of the organization and/or business engaged
in the activities of peddling, hawking, vending, soliciting and canvassing.
(e)
Social security numbers and driver's license
numbers of those individuals engaged in peddling, hawking, vending,
soliciting and canvassing for the organization and/or business applying
for a license to conduct said activities.
(f)
A brief description of the nature of the business,
the goods to be sold and the names and addresses of the principal
office of their manufacturer as well as the name and address of the
agent designated to receive service of process in the State of New
Jersey of said organization and/or business applying for a license
under this article.
(g)
The length of time for which the right to do
business is desired by the organization and/or business applying for
the license.
(h)
A photograph of each individual who will be
engaged in the peddling, hawking, vending, soliciting or canvassing
and who is employed by the organization and/or the business applying
for a license, taken within 60 days immediately prior to the filing
of the application.
(i)
A statement regarding each individual employed
by the organization and/or business applying for the license as to
whether such individual has been convicted of any crime, disorderly
persons offense or violation of any municipal ordinance, as well as
describing the nature of the events and the punishment or penalty
assessed therein.
(j)
A statement indicating whether or not orders
are to be solicited and taken for future delivery of goods or performance
of services by the organization and/or business applying for the license.
(2)
The applicant, being the organization and/or business
applying for a license, shall list previous licenses issued by the
Township of Mantua as well as other municipalities wherein licenses
have been applied for and issued by those municipalities.
(3)
The applicant shall list all previous licenses issued
by this or any other municipality which have been revoked, who revoked
the license, the date of revocation and the reason given therefor.
(4)
Every application for a hawker's, peddler's, vendor's, solicitor's
or canvasser's license shall have attached thereto a copy of the applicant's
current sales tax certificate indicating that the applicant is registered
with the New Jersey Division of Taxation to have sales tax authority
with a federal tax identification number included.
[Added 8-20-2018 by Ord.
No. O-6-2018]
(5)
Every application for a hawker's, peddler's, vendor's, solicitor's
or canvasser's license shall have attached thereto a current certificate
of general liability insurance in the amount of not less than $1,000,000
per occurrence naming Mantua Township as insured under the policy,
requiring prior notification to the Township of Mantua of cancellation
of such policy.
[Added 8-20-2018 by Ord.
No. O-6-2018]
B.
Seasonal sales vendors.
(1)
An applicant for a license as a seasonal sales vendor
under this article shall file a sworn application with the Township
Clerk on a form to be provided. A complete application for a seasonal
sales license must be submitted to the Township Clerk 30 days prior
to the actual specified time period for conducting the seasonal sales
activity. An application determined to be incomplete upon review by
the Township Clerk shall be returned to the applicant. The following
information shall be provided by the seasonal sales vendor in its
application:
(a)
The name, address and telephone number of the
organization and/or business applying for a license under the provisions
of this section.
(b)
The name, address, telephone number and description
of those individuals to be employed by and engaged in the seasonal
sales activity.
(c)
The block and lot location of the property to
be utilized in conducting the seasonal sales activity.
(d)
Social security numbers and driver's license
numbers of individuals of the organization and/or business engaged
in the seasonal sales activity.
(e)
Social security numbers and driver's license
numbers of individuals engaged in seasonal sales for the organization
and/or business applying for a license to conduct said activities.
(f)
The length of time for which the right to do business is desired by the organization and/or business applying for the license as per § 296-2 of this article, which defines said seasonal sales period.
(g)
A photograph of the individuals who will be
engaged in the seasonal sales vending and who is employed by the organization
and/or the business applying for a license, taken within 60 days immediately
prior to the filing of the application.
(h)
The individuals employed by the organization
and/or business applying for a license shall be fingerprinted at the
request of the Chief of Police.
(i)
A statement as to whether or not the individuals
employed by the organization and/or business applying for a license
have been convicted of any crime, disorderly persons offense or violation
of any municipal ordinance, as well as a description of the nature
of the events and the punishment or penalty assessed therein.
(j)
A list of previous licenses issued by the Township
of Mantua as well as other municipalities wherein licenses have been
applied for and issued or denied by those municipalities.
(k)
A property survey of the lot(s) to be prepared by a New Jersey licensed professional engineer or surveyor. A hand-drawn sketch plat may be substituted in lieu of a survey plat, as determined by the Township Clerk. The purpose of the survey plat and/or sketch plat is to determine if the proposed use of the property location is sufficient for the intended purpose of conducting seasonal sales. The plan must conform with the zoning regulations applicable to any development within the zone in which the seasonal sales is proposed to take place, unless grounds can be established satisfactory to the Township Committee such that a variance (using the standards of Chapter 230, Land Development) can be granted as to a particular deviation. The following information must be set forth on the survey and/or sketch plat submitted:
[1]
Location of and quantities of merchandise to
be stored and displayed on the lot(s).
[2]
Location of on-site parking as well as off-site
parking associated with the site location.
[3]
Location of curb cut access to indicate proper
ingress and egress to the site to evaluate and prevent traffic hazards,
congestion or excessive interference with normal traffic movements
on adjacent public streets.
(l)
A statement as to how the site shall be maintained
during the designated time period, as well as a statement indicating
how trash, refuse and other materials will be disposed of other than
through normal solid waste collection services provided by the Township
of Mantua. All debris, materials, trash, etc., must be removed from
the site within 48 hours following the expiration of the seasonal
sales license issued by the Township of Mantua.
(m)
A certification from the Mantua Township Tax
Collector that all taxes have been paid on the subject lot and are
current.
(2)
Operating standards for seasonal sales vendors.
(a)
No temporary signs advertising the seasonal
sales activity shall be placed on any tree, telegraph, electric light
or public utility pole or upon rocks or other natural features located
within the public right-of-way. All temporary signs shall be located
on site.
(b)
No more than four temporary signs shall be erected.
Temporary signs shall not exceed six square feet in area nor exceed
four feet in height.
(c)
Temporary signs may not be erected prior to
48 hours before the designated beginning of the seasonal sales activity
and must be removed immediately after the time period stated and licensed
for conducting of the seasonal sales activity.
(d)
No sign shall be erected that is of such character,
form, shape or color that it imitates or resembles any official traffic
sign, signal or device or that has any characteristics which are likely
to confuse or dangerously distract the attention of the operator of
a motor vehicle on a public street.
(e)
Temporary signs shall be kept in a proper state
of repair, in accordance with the requirements of the Township's Building
Code,[1] Chapter 302, Property Maintenance, and other pertinent regulations. Signs which fall into such a state of disrepair as to become unsightly or to pose a threat to public safety may be removed by the Township at the owner's expense upon proper notification by the Township.
(f)
No temporary sign shall be erected within or
project over the right-of-way of any public street or sidewalk. No
temporary signs placed on the site shall be located in such a fashion
which would affect the sight visibility of the motoring public as
determined by the Chief of Police or his designee.
(3)
Any person conducting activities involving the sales
of merchandise as defined under "merchandise (seasonal sales)" in
this article shall be required to obtain a seasonal sales license
notwithstanding the issuance of a vendor's license prior to the adoption
of this article.
(4)
Seasonal sales activities as defined in this article
shall be restricted to all nonresidential zones as designated by the
Land Use Map as adopted by the Township of Mantua. It shall be unlawful
for seasonal sales vendors to operate in locations directly opposite
from or on a diagonal from another seasonal sales vendor or from any
retail or wholesale commercial enterprise which is engaged in selling
the same goods as those offered for sale by the seasonal sales vendor.
To this end, it shall be unlawful for more than one seasonal sales
vendor to operate at a traffic intersection.
C.
Hours of operation.
(1)
The time for soliciting, peddling, hawking, vending
and canvassing shall be between the hours of 10:00 a.m. and 6:00 p.m.
with no house to house soliciting, peddling, vending or canvassing
on Sundays.
[Amended 8-20-2018 by Ord. No. O-6-2018]
(2)
The time of seasonal sales shall be between the hours
of 9:00 a.m. and 9:00 p.m.
[Added 12-2-2019 by Ord. No. O-17-2019]
A.
Establishment. The Township Clerk shall prepare a list of addresses
of those premises where the owner and/or occupant has notified the
Clerk that peddling, hawking, soliciting, canvassing, itinerant vending
and door-to-door sales enterprising as set forth in this chapter are
not permitted on the premises (hereinafter referred to as the "Do
Not Knock Registry"). Notification shall be by completion of a form
available at the Township Clerk's office during normal business
hours. The list shall be updated on July 1 of each year.
B.
Do Not Knock Registry display. Any owner and/or occupant who has
requested enlistment on the Do Not Knock Registry, pursuant to this
chapter herein, shall be able to register in the Clerk's office
to obtain a sticker for display at his/her/its premises indicating
enlistment on the Do Not Knock Registry.
C.
Distribution to licensees. The Township Clerk shall distribute the
current Do Not Knock Registry to a licensee under this chapter at
the time of issuance of a license to peddle, solicit, hawk, canvass,
itinerant vend or otherwise door-to-door sell pursuant to the provisions
of this chapter. The licensee shall not peddle, solicit, canvass,
itinerant vend, hawk or conduct door-to-door sales at any premises
identified on the then-current Do Not Knock Registry.
D.
Violations and penalties. Any canvasser, peddler, solicitor, itinerant
vender or owner or employee of a door-to-door sales enterprise who
violates any provision of this section shall be:
A.
Upon receipt of such application, the original shall
be referred to the Director of Public Safety, who shall cause to be
made such investigation of the applicant and its agents and employees
as the Chief deems necessary to determine if the requirements of this
article have been met and as may be needed for the protection of the
public welfare.
B.
The Chief of Police shall deny the application if he determines that any of the reasons for denial set forth in § 296-4D below have occurred. The Chief shall indicate his denial on the application, setting forth his reasons, and return the application with his decision to the Township Clerk. The Township Clerk shall then notify the applicant that the application is denied.
C.
If the Chief of Police determines from his investigation
that no reason or reasons exist for denial, then he shall endorse
his or her approval on the application, returning the application
to the Township Clerk. The Township Clerk shall, upon payment of the
prescribed license fee, execute and deliver the license to the applicant.
The Township Clerk shall keep a record of all licenses issued and
of all complaints received, if any, concerning each license. The license
must have a photo identification for the individual to whom the license
was issued.
D.
Grounds for denial of a peddler's, hawker's, vendor's,
solicitor's, canvasser's and seasonal sales vendor's license:
(1)
The applicant has failed to comply with the application procedures and requirements as set forth in § 296-3 of this article.
(2)
The applicant has failed to complete the application
in full and to supply all of the information required.
(3)
The applicant has had its peddler's or other similar
license revoked and/or denied for good cause by this or any other
municipality.
(5)
As to seasonal sales, the site plan does not conform with the applicable zoning and development requirements under Chapter 230, Land Development; provided, however, that the Township Committee may grant a variance for any deviation using the standards applicable to N.J.S.A. 40:55D-70c.
(6)
The applicant or any person engaged in peddling, hawking, soliciting
or canvassing on behalf of the applicant has been convicted of a disorderly
person's offense or misdemeanor involving moral turpitude or has been
convicted of a crime.
[Added 8-20-2018 by Ord.
No. O-6-2018]
A.
Application fee. Any application for a peddler's,
hawker's, vendor's, solicitor's, canvasser's and/or seasonal sales
vendor's license shall be accompanied with a fee of $50 each for the
applicant and each person engaged in peddling, hawking, soliciting
or canvassing on behalf of the applicant payable to the Township Clerk.
Such fee is exacted to help cover the cost of processing the application
and investigation of the facts stated in the application.
[Amended 8-20-2018 by Ord. No. O-6-2018]
B.
License fee. If a license is granted, then the applicant
must pay the following license fee before the license is issued:
(1)
Peddler's, hawker's, vendor's, solicitor's and canvasser's
license: $125. A separate license fee must be paid for each person
acting as a peddler, hawker, vendor, solicitor or canvasser for the
applicant.
[Amended 8-20-2018 by Ord. No. O-6-2018]
C.
No application or license fee shall be required from
any nonprofit organization which is located within the Township of
Mantua and which is exempt from the payment of taxes under the regulations
of the Internal Revenue Service.
D.
All nonprofit organizations must demonstrate that
they have been a nonprofit organization for a period of at least two
continuous years as a condition of being exempt from payment of registration
and licensing fees.
A separate license must be obtained by each
person acting as a peddler, hawker, vendor, solicitor or canvasser.
Licenses issued must be worn by each such person in such a manner
as to be readily visible to the public when engaged in the activities
regulated herein.
No peddler, hawker, canvasser, solicitor or
vendor shall sell or offer for sale to the general public any goods
or merchandise, beverages or food products from a fixed location within
50 feet from or on public or quasi-public streets and sidewalks within
the Township of Mantua. In addition, the sale of merchandise by peddler,
hawker, canvasser, solicitor or vendor from a fixed or stationary
location is prohibited with the exception of seasonal sales vendors
licensed under this article.
A.
Duration of license for peddlers, hawkers, vendors, solicitors and canvassers. All peddler's, hawker's, vendor's, solicitor's and canvasser's licenses issued in accordance with this article shall expire at the end of the calendar year in which they are issued. Licenses shall not be transferable and must be surrendered after expiration before any renewal license can be issued, subject to § 296-9 below.
B.
Duration of license for seasonal sales vendors. A seasonal sales license issued shall be for the seasonal sales time period set forth in § 296-2, entitled "Definitions," of this article. A separate license must be obtained for each seasonal sales activity. Licenses shall not be transferable and must be surrendered after expiration of the applicable time period before a new license and/or registration can be issued for each seasonal sales activity.
A.
Licenses issued under this article may be revoked
by the Director of Public Safety or the Chief of Police or his designee
after reasonable notice and hearing for any of the following causes:
(1)
A misrepresentation or false statement contained in
the application for the license and registration of individuals engaged
by the organization (profit or nonprofit) and/or business.
(2)
A misrepresentation or false statement made in the
course of carrying on the activities regulated herein.
(3)
A conviction of any crime or disorderly persons offense.
(4)
Conducting the business of soliciting, canvassing,
vending, hawking or seasonal sales activities in an unlawful manner
and in violation of any provision of this article or in such a manner
as to constitute a breach of the peace or to constitute a menace to
health, safety or general welfare of the public.
B.
Any violation of the provisions of this article shall
be cause for immediate revocation of a license issued by the Township
of Mantua, and the revocation of a license shall be grounds for nonissuance
of a license for a period not to exceed two years.
C.
Notice of hearing for revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee by means of a summons or by mail, postage prepaid, to the licensee at the address given by the licensee in making the application, with such notice to be given at least five days prior to the date set for the hearing in accordance with the provisions of § 296-9.
Any person aggrieved by the action of the Director of Public Safety, Chief of Police or the Township Clerk in the denial of an application for a permit or license as provided in this article or in the decision with reference to the revocation of a license as provided in § 296-9 of this article shall have the right of appeal to the Township Committee of the Township of Mantua. Such appeal shall be taken by filing with the Township Committee, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement fully setting forth the grounds for the appeal. The Township Committee shall set a time and place for hearing such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 296-9C of this article for notice of hearing on revocation. The decision and order of the Township Committee on such appeal shall be final and conclusive.
A.
The equipment used or employed by peddlers, hawkers
and vendors of ice cream, foods, beverages, confections and other
related commodities shall be maintained in a clean and sanitary manner
and be subject to inspection by the Board of Health and shall fully
comply with the laws of the State of New Jersey, the rules and regulations
of the State Department of Health and Senior Services, the ordinances
of the Township of Mantua and the rules and regulations of the Board
of Health.
B.
It shall be the duty of any police officer of the
Township of Mantua to enforce the provisions of this article and to
require any persons seen peddling, hawking, soliciting, canvassing
or conducting seasonal sales, who are not known by such officer to
be duly licensed, to produce his/her or its license as required by
this article.
A.
This article shall not be construed to include, regulate,
prohibit or require the licensure of any of the following:
(1)
The selling of any article at wholesale to retail
dealers of such articles or the delivery of milk, eggs, bread, newspapers
or other such necessary and perishable articles of food or merchandise
of a type commonly delivered on a house-to-house basis at intervals
of less than one week.
(2)
Persons or entities invited or requested by the resident
of a home or agent of a commercial enterprise for the purposes relating
to the sale of merchandise or insurance or the provision of services,
it being the intent of this article that it apply only to attempted
sales which were originally unsolicited by said resident or agent.
B.
Any veteran who holds a special license issued under
the laws of the State of New Jersey shall be exempt from securing
a license or paying the fee as provided herein but shall be required
to comply with all other applicable sections of this article and shall
be required to register with the Township Clerk and obtain a permit,
which will be issued by the Township Clerk upon proper identification
and exhibition of such state license.
C.
Certain organizations.
(1)
Any nonprofit organization, including but not limited to a religious, charitable, educational, civic or veterans organization, society, association or service club or volunteer first aid or fire company, located within the borders of Mantua Township, desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place or places within the Township of Mantua, for a charitable, religious, patriotic or philanthropic purpose. Such nonprofit organization shall be exempt from the provisions of §§ 296-3 and 296-4 of this article, provided that there is filed with the Township Clerk a sworn application in writing, which shall give the following information:
(a)
Name and purpose of the cause for which the
permit is sought.
(b)
Name and address of organization.
(c)
Period during which solicitation is to be performed.
(d)
Name and address of each agent or representative
who will conduct solicitations and the length of time that said agent
or representative has been employed or affiliated with such organization,
society, association or corporation.
(2)
Upon being satisfied that such person, organization,
society, association, etc., is a bona fide nonprofit religious, charitable,
educational, patriotic or philanthropic organization and that the
agents or representatives who shall conduct the solicitations are
of good moral character and reputation, the Township Clerk or Director
of Public Safety shall issue a permit without charge to such organization,
association or corporation to solicit in the Township. Such organization,
association, society, corporation, etc., shall furnish to all its
members, agents or representatives conducting solicitation credentials,
in writing, stating the name of the organization, name of the agent,
the duration and purpose of solicitation.
D.
The seasonal sales of agricultural products or dairy products sold on the premises of the grower or cultivator shall be exempted, provided that such agricultural products or dairy products are grown or cultivated on the land from which the sales are made. Any structure or stand used in such on-site sales shall be temporary in nature and shall comply with all applicable construction and sewage requirements as contained in § 296-3B. This exception shall only apply to and shall be restricted to agricultural or dairy products grown or cultivated on site and shall not allow such growers or cultivators to sell products not brought to maturity on site.
A.
Any person, entity or corporation who or which violates
any provision of this article shall, upon conviction thereof, be punishable
by one or more of the following: a fine of up to but not exceeding
$2,000 and/or imprisonment in the county jail or any place provided
by the municipality for the detention of prisoners for a term up to
but not exceeding 90 days or community service up to but no greater
than 90 days, or any combination of the above.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
[Adopted 11-25-1997; amended in its entirety 3-13-2007 by Ord. No.
O-04-2007 (Ch. 66 of the 1978 Code)]
As used in this article, the following terms
shall the meanings indicated:
Pursuant to N.J.S.A. 45:17A-20, charitable organization is
to be defined as any person determined by the Federal Internal Revenue
Service to be a tax-exempt organization pursuant to Section 501(c)(3)
of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3);
or any person who is or holds himself out to be established for any
benevolent, philanthropic, humane, social, welfare, public health
or other eleemosynary purpose or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety
or any person who in any manner employs a charitable appeal as the
basis of any solicitation or any appeal which has a tendency to suggest
there is a charitable purpose to any such solicitation.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the County of Gloucester.
A public right-of-way, whether open or improved or not, including
all existing factors of improvements.
The area embraced within the prolongation of the lateral
curblines or, if none, the lateral boundary lines of two or more highways
which join one another at an angle, whether or not one such highway
crosses another.
Highway property and property rights, including easements,
owned, controlled or otherwise under the jurisdiction of the New Jersey
Department of Transportation, County of Gloucester, or Township of
Mantua.
That portion of a highway improved, designed, or ordinarily
used for vehicular traffic, inclusive of the berm or shoulder.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the New Jersey Department of
Transportation.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Township of Mantua.
No solicitation of contributions by a charitable
organization, including coin drops or coin tosses, shall be permitted
in the roadway or right-of-way of any state highway, county highway
or Township highway, or any intersection thereof, located within the
corporate boundaries of the Township of Mantua.
Any person, entity or corporation who or which
violates any provision of this article shall, upon conviction thereof,
be punished by one or more of the following: imprisonment in the county
jail or any place provided by the municipality for the detention of
prisoners for a term up to but not exceeding 90 days or by a fine
of not less than $50 and not more than $2,000 or by a period of community
service up to but not exceeding 90 days, or any combination of the
above.