Union City, NJ Article II Peddlers, Hawkers and Vendors

[Adopted 1-7-1997 (§ 8-2 of the 1996 Revised General Ordinances)]

§ 301-2 Definitions.

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

HAWKER

See "peddler."

PEDDLER

A. Any person, whether a resident of the City or not, traveling from place to place by foot, automotive vehicle or any other type of conveyance, transporting merchandise, foodstuffs or beverages, offering and exposing the same for sale or making sales and delivering articles to purchasers. Hawkers, hucksters and vendors are included.

B. "Peddler" shall also include all transient merchants and itinerant vendors, as defined in N.J.S.A. 45:24-1 and N.J.S.A. 45:24-8.

VENDOR

See "peddler."

§ 301-3 Location restrictions.

[Amended 5-21-2013]

No peddler shall have any exclusive right to any location, nor shall he/she be permitted to operate in any congested area where his/her 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. Peddlers shall be able to reserve parking spaces for a stand.

§ 301-4 Time restrictions.

No person shall sell, offer for sale, hawk or peddle in the City any of the items listed in § 301-2 unless the time for sale is found to be reasonable and within the constitutional guidelines for the sale of these items.

§ 301-5 Enforcement.

It shall be the duty of any police officer of the City to require any person seen peddling and who is not known by such officer to be duly licensed to produce his/her peddler's license and to enforce the provisions of this article against any person found to be violating the same.

§ 301-6 Exceptions.

A. This article shall not be construed to include:

(1) The delivery of perishable articles of food or of merchandise of the type commonly delivered on a house-to-house basis at intervals of less than one week.

(2) Federal census takers and polls or surveys taken pursuant to federal, state or local laws.

B. Any veteran or volunteer firefighter 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.

§ 301-7 Maintenance and inspection of equipment.

The equipment used or employed by peddlers of foodstuffs, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the Department of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.

§ 301-8 Transient vendors.

A. All transient merchants and itinerant vendors, as defined in N.J.S.A. 45:24-1 to 45:24-8, before offering for sale any merchandise or bankrupt stock, shall comply with the provisions of the governing statute and shall apply for and receive a license, which shall continue in favor of that person to whom it is issued for a period of 180 days from the date of issuance. The fee for a transient license shall be as set forth in Chapter 155, Fees.

B. Peddlers' licenses shall not be transferable, assignable or rented without approval of the issuing authority.

[Added 5-21-2013]

C. All transient vendors shall operate between the hours of 6:00 a.m. and 9:00 p.m.

[Added 5-21-2013; amended 7-14-2015]