Borough of Spotswood, NJ Article I Peddlers, Hawkers and Vendors

[Derived from Sec. 7-2 of the 1969 Revised General Ordinances]

§ 151-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PEDDLER

Include any person, whether or not a resident of the Borough, 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 and 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."

§ 151-2 License required.

It shall be unlawful for any person to engage in the business of peddler, as defined in this section, within the corporate limits of the Borough without first obtaining a permit and license as provided by this article.

§ 151-3 Fees.

The license fee for a peddler and vendors shall be as set forth in § 91-6 of Chapter 91, Fees. The fees as above set forth are for the purpose of raising revenues. No portion of the fee shall be prorated for any part of the year.

§ 151-4 Hours; exceptions; location prohibition.

[Amended 10-6-2014 by Ord. No. 2014-07]

A. All solicitations conducted under the authority of this section shall take place between the hours of 10:00 a.m. and 9:00 p.m., and no solicitations shall be conducted on Sundays. Any person or organization desiring to solicit at hours other than those stated herein shall make special request therefor on his or her application, and this special request shall be approved or disapproved by the Borough Council when action is given upon the application. If approval is given by the Borough Council for solicitation other than during the hours stated in this section, such approval shall be plainly stamped on each permit issued by the Borough Clerk.

B. Solicitation conducted under the authority of this section within any roadway is strictly prohibited.

§ 151-5 Time restriction; location prohibition.

[Amended 3-20-1995 by Ord. No. 1995-579; 10-6-2014 by Ord. No. 2014-07]

A. No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in § 151-1 after 9:00 p.m.

B. Selling, hawking or peddling within any roadway is strictly prohibited.

§ 151-6 Duty of police to enforce.

It shall be the duty of any police officer of the Borough to require a peddler not known by the 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 them.

§ 151-7 Exceptions.

This article shall not be construed to include:

A. The delivery of milk, eggs, bread, newspapers or other necessary and perishable articles of food or merchandise commonly delivered on a house-to-house basis at intervals of less than one week.

B. Federal census takers and polls or surveys taken pursuant to federal, state or local laws shall not be prohibited by this article.

C. 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 article.

§ 151-8 Inspection of equipment.

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 be subject to the inspection of the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.