| By Heather Harlan | Atlantic City Press | April 3,1998 |
|
The municipal mayor has changed his tune on a new law banning vendors from playing jingles while toting their wares through local neighborhoods. Township Mayor Carl Block said Thursday that the controversial ordinance will not be enforced - for now. Municipal officials are waiting to hear whether the state Department of Environmental Protection can offer a compromise solution to the measure before sicking police on the vendors, Block said. The department has experience crafting noise ordinances, which is how the vending law is categorized. A meeting between the department and municipal officials remains unscheduled because key players are on vacation, the mayor said. "What kind of sense does it make to give a summons today and have it change in four weeks?" Block asked Thursday. "I would rather defer enforcing it for a couple of weeks and not wind up with collateral lawsuits." On March 25, ice cream vendor and Stafford Township resident Jeffery S. Cabaniss filed a federal lawsuit against the township, claiming the newly passed law violates his free-speech rights. Passed March 3, the new law limits the ways in which local vendors can alert the public to their presence. "At no time shall a vendor be permitted to use a sound device, mechanical bell, mechanical music, mechanical noise, speakers, amplifiers or any other similar type sound device in conjunction with selling the product," according to the ordinance. The measure - which was created after many residents complained about the loud and incessant music of ice cream peddlers - also prohibits vendors from shouting, crying out or blowing horns. But it does allow for one option: hand bells. Block said the lawsuit did not influence his decision to hold off on ordinance enforcement. The mayor said he had reached his decision at the last municipal meeting on March 17. When asked why he neglected to share his thoughts with the public, he said, "I got sidetracked by (Cabaniss') manifesto." Cabaniss said he has not attempted to play his usual vending music, "Turkey in the Straw," this season. On Thursday day, the vendor said his truck remains in the shop. He expects to start selling his frosty treats by this weekend at the earliest. |
~ fin ~