As used in this chapter, the following terms shall have the
meanings indicated:
VENDING UNIT
A selling or display unit, with or without wheels, intended
to serve as a transportable structure for facilitating the display,
sale and transportation of merchandise.
VENDOR
Any person peddling or selling wares, collecting or soliciting
information, seeking financial contributions or distributing literature
on streets, in public places, by residence to residence or place to
place.
WARES
Any goods or services offered for present or future sale
by a vendor, including but not limited to merchandise, food, seasonal
items, home repair services and vegetation.
Licensed vendors are permitted to conduct licensed activities
between 9:00 a.m. and 9:00 p.m. on the days authorized. No vendor
shall conduct licensed activities between 9:00 p.m. and 9:00 a.m.,
unless specifically permitted otherwise in this chapter.
Except as otherwise provided by specific exception in this chapter,
persons subject to this chapter, including persons claiming an exemption
from the requirements of municipal licensing, shall not:
A. Solicit, conduct business with or sell to persons in motor vehicles.
B. Station, place, set up or maintain wares or equipment in such a way
as would:
(1) Restrict, obstruct, interfere with or impede the pedestrian's
right-of-way;
(2) Restrict, obstruct, or interfere with the use or enjoyment of the
abutting property;
(3) Create or become a nuisance;
(4) Increase traffic congestion or cause or increase traffic delay or
hazards;
(5) Cause or create or constitute a danger to life, health, or property;
or
(6) Sell food, drinks, ice cream or confections of any kind for immediate
consumption unless such person has available for public use a litter
receptacle, which must be attached to the person's cart or vehicle,
which shall be clearly marked and maintained for patron use, nor shall
any person leave any location without first picking up, removing and
disposing of any trash or refuse remaining from their product or service.
C. Leave wares unattended at any time or store, place or leave the same
overnight on any sidewalk or public way of the Borough; station, place,
set up or maintain wares closer than 20 feet from the curbline or
end of pavement of intersecting streets.
D. Place wares in such a way as would reduce the unobstructed pedestrian
right-of-way on a sidewalk.
E. Engage in business within 20 feet of any location where the curb
has been depressed to facilitate pedestrian or vehicle movement.
F. Engage in business on any sidewalk or along any street within 100
feet of any fire hydrant, crosswalk or bus stop, or within 25 feet
of any driveway.
G. Place wares in front of the display windows or signs of fixed-location
businesses, nor shall they be within 20 feet from the entrance door
to a fixed-location business.
H. Operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles or pedestrians.
I. Engage in business within 200 feet of the grounds of any school between
1/2 hour prior to the start of the school day and 1/2 hour after dismissal
at the end of the school day.
J. Engage in business within 200 feet of the grounds of any church,
synagogue or other house of worship between 1/2 hour prior to the
start of the service and 1/2 hour after dismissal at the end of the
service.
K. Use or operate any audio or visual device for the purpose of attracting
attention, entertaining the public, or self-entertainment.
L. Sell from any one site or area for a period of more than four hours,
including time for setup and breakdown of a vending unit. After four
hours, the vending unit or vendor must move to a new location at least
300 feet away from where he was doing business or cease doing business.
(1) No vendor may return to the same location in any calendar day.
(2) No vendor shall place any object, sign, or person nor take any action
designed to reserve a location for their use. Any such object may
be removed and kept as evidence of a violation by any person, who
shall promptly surrender it to the police.
M. Place wares other than one vending unit, whether it be a cart, single
table no larger than 96 inches long by 48 inches wide by 72 inches
high, or display unit similar to a table which shall occupy a space
no larger than 32 square feet. The Borough Clerk or Administrator
may grant an exception to size limits with the advice and consent
of the Chief of Police in the case of the sale of certain holiday
items sold for limited times during the year.
N. Engage in business within 300 feet of any fixed place of business
selling substantially similar merchandise. A food vendor shall not
operate within 300 feet of a restaurant.
All equipment installed in any part of the vending unit or articles
carried by the unit shall be secured in order to prevent movement
during transit and prevent detachment in the event of a collision
or overturn.