§ 330-12. General regulations.

The business of hawking, peddling or vending shall be subject to the following regulations:

A. 

No vending units shall be permitted to be in use and shall be off the streets and sidewalks of the City during the period from 10:00 p.m. to 7:00 a.m. daily.

B. 

All vending units must be on wheels and mobile.

C. 

There shall be no vending within 100 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.

D. 

There shall be no vending within 100 feet of any church, synagogue or other house of worship while the same is in session.

E. 

No vending unit shall be left unattended for any reason on the streets or sidewalks of the City of North Wildwood.

[Amended 5-16-2000 by Ord. No. 1354]

F. 

There shall be no sale of food or beverage for immediate consumption unless the vendor has made available for the public use a litter receptacle which is available for use by his patrons.

G. 

No vendor shall leave any location without first picking up, removing or disposing of all trash or refuse remaining from the sales made by him. He shall not sweep or deposit any accumulation of litter into any gutter or street.

H. 

No vendor shall allow any items related to the operation of the vending business to be placed anywhere other than in or on the vending unit and the motor vehicle that has towed said vending unit, except that each vendor may have up to a maximum of four coolers with a total capacity of up to 175 quarts, which may be placed upon the ground near the vending unit.

[Amended 4-7-1998 by Ord. No. 1281; 4-16-2019 by Ord. No. 1778]

I. 

No vendor shall set up, maintain or permit the use of any table, crate, carton or rack or other device to increase the selling or display capacity of his vending unit and the motor vehicle that has towed said vending unit. There shall be no stacking of items to be sold upon any sidewalk or street. All materials and/or merchandise must be located solely on the vending unit or a motor vehicle that has towed the vending unit, with the exception of a cooler. (See Subsection H above.)

[Amended 4-7-1998 by Ord. No. 1281; 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No. 1778]

J. 

No vendor shall solicit or conduct business with persons in motor vehicles. All sales are to be conducted from the curbside of the vehicle and only to pedestrians.

K. 

No person shall sell anything other than such commodities described in his registration.

L. 

No vendor shall use any device which produces a loud or raucous noise or use or operate any loudspeaker, public-address system, radio, sound amplifier or similar device to attract the attention of the public.

M. 

No hawker, peddler or vendor shall have any exclusive right to any location in the public streets, nor shall he be permitted to operate in any congested area where his operation might unreasonably impede the public. A license to hawk, peddle or vend, granted under this article does not authorize the display or sale of merchandise from a fixed location, which is specifically prohibited. For exceptions, see §§ 330-18 and 330-19 hereof.

N. 

No vendor shall sell from a vending unit or from a motor vehicle that was used to tow the said vending unit on a sidewalk where the sidewalk is less than nine feet in width, or vend within 25 feet of the outside perimeter of any entrance to any building, or vend within 25 feet of any driveway, within 25 feet of a crosswalk of any intersection, or 25 feet of any bus or jitney zone, within 25 feet of any emergency exit, within 25 feet of any loading and unloading zone, within 100 feet of the principal entrance to a hotel or motel or within 250 feet of any business establishment involved in the distribution, preparation or sale of food.

[Amended 7-5-1994 by Ord. No. 1182; 4-7-1998 by Ord. No. 1281; 4-16-2019 by Ord. No. 1778]

O. 

No vendor shall allow his vending unit or any other item relating to the operation of the vending business to be placed against any building or other structure without the consent of the owner of said building or structure.

P. 

No person shall hawk, peddle or vend unless he has in his possession a valid state license, issued pursuant to Title 45 of the Revised Statutes of the State of New Jersey, and/or his registration card with the City of North Wildwood.

[Amended 8-7-1990 by Ord. No. 1072]

Q. 

A vendor may park a motor vehicle that is used to tow his vending unit in close proximity to his vending unit and use said motor vehicle for display and sale of products. The vendor may do nothing which would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to adequate access for fire, police or sanitation vehicles. No vendor shall park his vending unit or motor vehicle on a sidewalk, nor shall be operate his business in any manner which would block the sidewalk for free use by pedestrians. The vendor, however, may stand on the sidewalk while vending, as long as he does not block the sidewalk from reasonable use by pedestrians.

[Amended 4-7-1998 by Ord. No. 1281; 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No. 1778]

R. 

All vending units must be thoroughly covered with proper material to assure that no portion that is heated is exposed where the public is able to come in contact with it.

S. 

No vendor shall use any conveyance, device or thing whatsoever which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee.

T. 

Except with respect to the meter locations set forth in § 330-18 hereof, some of which are within 500 feet of each other, no vendor shall stop, stand, park, place or allow his vending unit, or the motor vehicle that was used to tow the vending unit, closer than 500 feet from any other vending unit being used by any other vendor.

[Amended 4-7-1998 by Ord. No. 1281; 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No. 1778]

U. 

There shall be no mixing of food and nonfood items for sale.

V. 

Except with respect to the meter locations set forth in § 330-18 hereof, no vending units, or motor vehicles used to tow vending units, shall be within 250 feet of the beach or boardwalk.

[Amended 11-4-1987 by Ord. No. 977; 12-16-2014 by Ord. No. 1665; 4-16-2019 by Ord. No. 1778]

W. 

At no time shall a vending unit be located in such a way as to not provide a continuous space of eight feet for pedestrian passage.

X. 

Any licensed vendor may be assisted by up to one unlicensed helper, who must be registered with the City and pay a registration fee of $50. The unlicensed helper must supply the City with his or her photo identification for copying and shall have the photo identification on his or her person when assisting the licensed vendor. A licensed vendor, however, must remain at the vending unit at all times, except that the licensed vendor may leave for short periods of time up to 20 minutes to take care of other business, but in the event that he is to be away from the vending unit for more than 20 minutes, then the vending unit must be closed for business during his absence. A licensed vendor shall not leave his vending unit on more than two occasions during any day.

[Amended 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No. 1778]

Y. 

No vendor may have any writing or signs of any nature on or attached to his vending unit, or in the vicinity of the area in which he is vending; except as follows:

[Added 5-16-2000 by Ord. No. 1354]

(1) 

A description of the items he has for sale, and the price thereof, written directly onto the vending unit; and

(2) 

Two signs attached to the vending unit, having a width of no more than 24 inches, and a length or depth of no more than 24 inches.

Z. 

Except for licensees using a motor vehicle which has been used to tow a vending unit and which may be used for the display and sale of products, and licensees utilizing a license that has been issued pursuant to the provisions of § 330-10B in conjunction with the sale of farm produce, licensees are not permitted to vend from motor vehicles.

[Added 5-16-2000 by Ord. No. 1354; amended 12-16-2014 by Ord. No. 1665; 4-16-2019 by Ord. No. 1778]

Amended 4-7-1998 by Ord. No. 1281