[HISTORY: Adopted by the Borough Council of the Borough of Carteret 5-18-1989 as Ord. No. 89-24, which superseded former Ch. 186, Peddling and Soliciting, adopted 12-15-1970 as Secs. 7-2 through 7-4 of the 1970 Revised Ordinances, as amended. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 85.
Licensing procedures — See Ch. 164.
For the purpose of this Article, the terms used herein are defined as follows:
ACTUAL AND BONA FIDE EXHIBITION AND/OR SALE
As used in the definitions "transient merchant" or "itinerant vendor" and "new business," the operation of the business at a building, structure, site or other premises, containing a sign or other designation of the business located therein, stock-in-trade available for immediate sale, furnishings and equipment for the usual and ordinary conduct of business and being open at regular intervals for the transaction of business.
CHIEF
The Chief of the Carteret Department of Police.
DAYS
Business days of the borough.
DIRECTOR
The Director of the Department of Public Safety.
PEDDLER
A person, commonly referred to either as a "peddler" or "hawker," who goes from place to place by traveling on the streets or from house to house and carries with him goods, wares and merchandise and any other commodity for the purpose of selling and delivering them to consumers. Included in the foregoing definition are order-takers, purveyors of subscriptions for newspapers, periodicals, magazines, books and the like and any and all other such persons who seek sales or orders for services, goods, chattels or merchandise of any kind or description covering those peddlers that are commonly known as "door-to-door solicitors."
PERSON
As used herein, an individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
SOLICITOR or CANVASSER
A person, whether a resident of the borough or not, traveling either by foot, wagon, automobile, motortruck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of books, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, with or without accepting an advance payment for the goods. The term "solicitor" shall also include any person who may be taking a poll or a survey for commercial purposes from house to house or on the streets.
SUPERVISOR
The Supervisor of Licenses of the Borough of Carteret.
TRANSIENT MERCHANT or ITINERANT VENDOR
A person who engages in the merchandising business in the Borough of Carteret with intent to close out or discontinue such business within a period of one (1) year from the date of commencement and, for that purpose, hires, leases or occupies any building, structure, room, tent, lot, railroad car or any other premises for the actual and bona fide exhibition and/or sale of such goods, wares and merchandise and other commodities.
TRANSIENT MERCHANT PEDDLER
A person who engages in the business of a transient merchant or itinerant vendor and, in pursuance thereof, becomes a peddler or hires a peddler as defined herein.
WITH INTENT TO CLOSE OUT OR DISCONTINUE SUCH BUSINESS
The operation of the business at one (1) address; but the removal of a business from one address to another shall not be deemed to be the closing out of the business; and the opening of a new business shall not be considered to mean the continuance of the same enterprise at another address.
The purposes of this chapter are to:
A. 
Deter the use of soliciting, canvassing and peddling to gain access to homes for criminal purposes.
B. 
Maintain quiet and privacy for the residents of the Borough of Carteret.
C. 
Discourage unethical and dishonest business practices within the Borough of Carteret.
D. 
Regulate all peddlers, transient merchants, itinerant vendors, transient merchant peddlers, solicitors and door-to-door solicitors as enumerated under § 186-1, entitled "Definitions."
A. 
It shall be unlawful for any peddler, transient merchant, transient merchant peddler, merchant peddler, canvasser, door-to-door solicitor, as hereinbefore defined, or the persons owning, managing or operating a new business to sell or offer for sale or dispose of any goods, wares, merchandise or other commodities, or a service, within the Borough of Carteret, without first having obtained a license, as described hereinafter, for identification purposes and without complying with the other provisions of this chapter in the case of new businesses.
B. 
The license shall be of a kind known as an "identification badge" with a provision for the insertion of a photograph one and one-half by two (11/2 x 2) inches in size. Two (2) photographs of this size shall be provided by the applicant-licensee.
[Amended 9-21-1989 by Ord. No. 89-48]
C. 
There shall be an investigation prior to the issuance of the license by the Police Department, to ascertain the honesty and reliability of the applicant. Fingerprinting may be required as an investigative tool; however, if the applicant provides proof that his or her fingerprints are currently on file with any other municipality in the state, or if, in the alternative, the applicant has appropriate documented proof of a fingerprint clearance in another municipality, no more than thirty (30) days prior to the application in the Borough of Carteret, then that shall suffice as fingerprint clearance, provided that said clearance has been verified through the State Police and the Federal Bureau of Investigation.
[Amended 9-21-1989 by Ord. No. 89-48]
D. 
The maximum waiting period to complete the investigative procedures for any applicant shall be seven (7) days from the date of the application. In instances of a renewal of a license, or where the applicant has a fingerprint clearance dated not more than thirty (30) days prior to the application, the waiting period shall be a maximum of twenty-four (24) hours.
E. 
The applicant shall present, at the time of his application, in addition to the photograph required for his or her identification badge, a written statement relating to his or her past history of arrests or convictions anywhere in the United States. All of the time periods mentioned in this chapter shall not commence until the photograph and the history of arrests and convictions, as well as the completion of the application, are in the hands of the Borough of Carteret.
F. 
After the license has been issued, it is absolutely required that the solicitor wear the badge on the lapel or somewhere on the chest of the outermost garment being worn by such solicitor at all times that he or she is conducting his business from door to door.
G. 
The actual door-to-door solicitation shall never start before 9:00 a.m. and must terminate prior to sunset. Door-to-door solicitation after the hour of darkness is expressly forbidden.
H. 
Where an applicant has previously been licensed pursuant to this chapter, the investigation fee in Subsection C may be waived in the discretion of the Chief who must then make a determination that the applicant is bona fide. Upon making such a determination, the Chief shall approve the application and notify the Supervisor.
The following persons are exempt from the payment of a license fee, badge requirements and, in the discretion of the Chief, the investigation procedures, upon compliance with all other provisions of this chapter and submission of applicable identification and documents to support their claim to exemption:
A. 
Any charitable or religious organization or society, which is recognized as tax-exempt under the United States Internal Revenue Code, that shall conduct sales of personal property where the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists. Satisfactory proof of such tax exemption must be provided by the applicant.
B. 
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 24-10.
C. 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 24-10, possessing a license in conformity with said law.
D. 
Any public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
E. 
Any person selling fruits and farm products grown by himself, with or without the help of others.
F. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason or a prior agreement.
G. 
Wholesale salespeople calling on business.
H. 
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
I. 
Any school, political or civic organization, benevolent society, service club or organization, not for profit, which is located in the borough or has a majority of its membership from the borough.
J. 
Any person who has obtained a charitable solicitor's permit in accordance with Article II of this chapter.
The investigation required by § 186-3 shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police shall approve the application and notify the Supervisor.
A. 
All applications for licenses referred to herein shall first be made by filing with the Supervisor an application blank which shall contain the following information:
(1) 
The name and social security number of the applicant and, in the case of peddlers and solicitors, photographs and fingerprints.
(2) 
The permanent home residence.
(3) 
The name and addresses of the firm represented, the names and addresses of the persons from whom goods making up the stock were or are to be purchased.
(4) 
Three (3) business references located in Middlesex County, New Jersey, or, in lieu thereof, such evidence of good character and business and responsibility of the applicant as will enable proper evaluation of the applicant's character and responsibility by a police investigator.
(5) 
The place or places of residence of the applicant for the preceding three (3) years.
(6) 
A description of the wares to be offered for sale, including an approximate value and quantity of the personal property to be exposed for sale in the borough.
(7) 
The number of arrests, charges or convictions for misdemeanors or crimes, the nature thereof and the disposition of said charges.
(8) 
Where the applicant is to be employed by someone else, a letter from the employer authorizing the applicant to act as its representative.
(9) 
In the case of an application for transient merchant-peddler license, the names and addresses of each peddler and the place where the business is to be carried on from.
(10) 
The length of time for which the license is desired.
(11) 
If a vehicle is to be used, a description of such vehicle and its license number, registration and insurance certification.
(12) 
Two (2) photographs of the applicant taken within sixty (60) days immediately prior to the date of the application, which photographs shall clearly show the head and shoulders of the applicant and shall measure one and one-half by two (11/2 x 2) inches.
B. 
The license issued shall not authorize any person except the designated person named in such license to engage in business thereunder, and a separate license must be obtained for every branch established or separate place of business maintained; and each license issued shall authorize the licensee obtaining it to conduct the business therein at the location or place of business thereon.
A. 
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Supervisor. The Supervisor shall refer the original to the Chief of Police, who shall make or cause to be made within the time limitations herein prescribed, such investigation of the applicant's business responsibility and character as he deems necessary for the protection of the public good.
(1) 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and shall return the application to the Supervisor. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one (1) or more of the following findings with respect to the applicant:
(a) 
Conviction of a crime involving moral turpitude.
(b) 
Prior violation of an ordinance or law pertaining to solicitors and canvassers.
(c) 
Previous fraudulent acts or conduct.
(d) 
Record of breaches of solicited contracts.
(e) 
Concrete evidence of bad character.
(2) 
In the absence of any such finding, the Chief of Police shall find the application satisfactory, shall endorse his approval on the application and shall return the application to the Supervisor.
B. 
If an application is found unsatisfactory by the Chief of Police and he has endorsed his disapproval upon the application, the Supervisor shall notify the applicant by mail that the application is disapproved and shall deny the applicant a license. If an application is found satisfactory by the Chief of Police, the Supervisor shall issue a license.
A. 
Licenses issued under provisions of this chapter may be revoked by the Director after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or any false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler, huckster, vendor, solicitor, itinerant vendor or commercial traveler.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
The Supervisor, upon receiving information providing reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter or has been convicted of any violation referred to in this section or has been indicted or charged with or for any crime or offense, or has been convicted of any crime or offense, may forthwith temporarily suspend such license until a hearing is held by the Director of Public Safety as provided herein, and the Director shall have issued a determination thereon.
C. 
Notice of a hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, certified mail, return receipt requested, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for the hearing.
D. 
If the licensee has one (1) or more employees, the revocation hereunder shall apply to the licensee and all employees determined to be in violation of this chapter.
E. 
Upon revocation, the license shall be surrendered to the Director of Public Safety or his/her designee.
Any person aggrieved by the action of the Chief of Police in the denial of a certificate, as provided in this chapter, shall have the right of appeal to the Director of Public Safety. Such appeal shall be taken by filing with the Chief of Police, within fourteen (14) days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Director shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in this chapter for notice of hearing and revocation.[1] The decision of the Director of Public Safety on such appeal shall be final and conclusive.
[1]
Editor's Note: See § 186-8C.
No person or license holder shall:
A. 
Peddle, solicit or distribute merchandise except between the hours of 9:00 a.m. and 6:00 p.m. or sunset, whichever occurs earlier, unless specifically having been invited to a dwelling by an occupant thereof or having previously made an appointment with an occupant.
B. 
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the borough and displaying his certificate.
C. 
Have exclusive right to any location in the public streets or operate in any congested area in such a manner as to impede the flow of traffic or of pedestrians or create a breach of the peace.
D. 
Have the right to park or remain stationary on Sul Avenue or the Carteret Park parking lot in order to peddle, sell, vend, or otherwise distribute any food or edible items for sale.
[Added 12-29-2015 by Ord. No. 15-21[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections D through H as Subsections E through I, respectively.
E. 
Stand, hawk, peddle or solicit on the premises of any business establishment, shopping center or mall without the written consent of the owner or individual agency or organization responsible for the management and/or operation of the same.
F. 
Enter or attempt to enter the land of any resident in the borough where such resident has posted a notice prohibiting such entry.
G. 
Refuse to leave any private dwelling or property after having been once requested to do so by the owner or occupant thereof.
H. 
Shout, cry out, blow a horn, ring a bell or use any sound-making or amplifying device upon any of the streets, parks or public places of the borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon private premises, for the purpose of attracting attention to any merchandise or services, without first obtaining written authorization for the same from the appropriate borough official.
I. 
Litter the streets, public places or public or private properties within the Borough with any merchandise or printed material.
Every person holding a license under this chapter shall be required to carry the license with him or at his business premises while engaged in the business licensed. He must produce the license upon the request of any interested person.
[Amended 9-21-1989 by Ord. No. 89-48]
Nonrefundable license fees shall be fifteen dollars ($15.). No application shall be processed unless accompanied by the license fee.
[Amended 4-19-1990 by Ord. No. 90-18]
No license shall be granted to any applicant for a peddling or vending license which shall exceed December 31 of the calendar year of issuance. This time limit shall not have any effect upon license required for certificate of occupancy by the Code Enforcement Office which is issued for ninety (90) days and must be renewed, or any other type license issued by the Borough Clerk effective January 1 through December 31 of the same year for other matters and as may be provided for by ordinance and statute.
A. 
Any person, firm or corporation soliciting or canvassing on behalf of a bona fide religious, charitable or political organization, as defined in this chapter, shall, prior to such solicitation or canvassing, file with the Carteret Borough Police Department a completed application in the form provided.
B. 
The application shall contain the following information:
(1) 
The name and address of the firm, corporation or organization represented by the individual solicitor, when applicable.
(2) 
The name, address and telephone number of the person in charge of such organization to be contacted in case of emergency.
(3) 
The name, address (both temporary and permanent), telephone number, social security number and date of birth of all individual solicitors who will be soliciting or canvassing within the Borough of Carteret.
(4) 
Whether the applicant has been convicted of a crime, disorderly person's offense or violation of any ordinance relating to canvassing or soliciting and, if so, when, where and the nature of the offense; the names of other municipalities in New Jersey where the applicant has been issued a permit to solicit in the past two (2) years.
(5) 
Whether any motor vehicle will be used in connection with the canvassing or soliciting and, if so, the make, year, color, type and license plate number.
(6) 
The nature of any goods or services to be sold or the purpose of the solicitations or canvassing.
C. 
Such application shall be filed with the Carteret Borough Police Department at least forty-eight (48) hours prior to the time when such soliciting or canvassing shall take place. In computing the forty-eight-hour period, Saturdays, Sundays and holidays shall be excluded from such computation.
D. 
Upon completion of the requirements set forth in Subsections A, B and C above, the Carteret Borough Police Department shall issue a permit to the applicant.
E. 
Each solicitor or canvasser shall be issued a permit by the Borough of Carteret. The permit shall be available to be picked up from the Police Department of the Borough of Carteret. Each permittee shall prominently display the permit upon his person whenever such permittee is engaged in canvassing or soliciting. No permit shall be transferable.
F. 
Failure to fully comply with the requisites established for issuance of a permit, falsification of any information required to be provided, failure to properly display the permit issued or soliciting or canvassing during prohibited hours shall result in denial or immediate revocation of the applicant's permit.
A. 
Any peddler, transient merchant or itinerant vendor, transient merchant-peddler, merchant peddler or solicitor who shall offer for sale or sell any goods, wares, merchandise, other commodities or bankrupt stock without first paying to the Borough of Carteret the license fee or fees as herein required, or who shall fail to secure a license provided for herein, or who shall make false or fraudulent representations therein, or who shall fail or refuse or neglect to comply with the requirements of this Article in any part, shall, upon conviction thereof by the Judge of the Municipal Court, pay a fine of not more than five hundred dollars ($500.) or be imprisoned in the county jail for a period not exceeding ninety (90) days, or both, and each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
B. 
The penalties herein provided for shall be in addition to the right of revocation or suspension provided for in § 186-7 above.
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinance of the Borough of Carteret or under the Laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinance of the Borough of Carteret or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or laws shall prevail.
No license or permit or other certification or compliance with this chapter shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises or use of such structure or premises, nor shall any provision herein relieve any owner, operator, tenant or occupant from complying with any such other provision or any official of the Borough of Carteret from enforcing any such other provision.
Whenever used in this Article, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
CHARITABLE NONPROFIT and PHILANTHROPIC
Includes political, patriotic, religious, service, welfare, benevolent, educational, civic or fraternal corporations, organizations, associations, societies and the like, not organized for private gain. Examples of "nonprofit organizations" include veterans' groups and organizations which assist the poor, the aged, the sick, the physically handicapped or mentally retarded, or which aid victims of fire, flood or similar catastrophes. This enumeration is intended to be typical and shall not be construed as exclusive. All applicants shall provide satisfactory proof of nonprofit status upon request, including but not limited to evidence of tax exemption.
CONTRIBUTION
Includes alms, food, clothes, money, subscription or property of any nature or kind.
PERSON or ORGANIZATION
Any natural person, individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league and principal or agent thereof.
SOLICIT and SOLICITATION
The request, directly or indirectly, of money, credit, property, financial assistance and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose as defined in this Article. "Solicitation" shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
A. 
Any person canvassing or soliciting in connection with a political campaign or charitable or religious organization or society or any representative of such organization or society, recognized as tax-exempt under the United States Internal Revenue Code, when such canvassing or solicitation does not involve the sale or attempted sale of merchandise, shall, at least twenty-four (24) hours prior to such canvassing or solicitation, present himself to the office of the Chief of Police and shall provide said Chief of Police with the following information:
(1) 
The nature and anticipated duration of such canvassing or solicitation.
(2) 
The approximate number of persons who will be canvassing or soliciting.
(3) 
The name and address of the person in charge of such canvassing or solicitation.
(4) 
The full name and address of the political, charitable or religious organization on behalf of which such solicitation or canvassing is to be conducted.
(5) 
The names, to the extent known, of the persons who are expected to go from door to door or to distribute materials within the borough.
B. 
The purpose of such registration is that the identity of persons going door to door or distributing materials within the borough may be established for the protection and maintenance of the health, safety and welfare of the inhabitants of the borough and to prevent dishonest solicitation of funds in the borough. No permit or fees shall be required.
C. 
Such canvassing or soliciting activities shall be allowed between the hours of 9:00 a.m. and 6:00 p.m. as specifically set forth under § 186-10A.
[Amended 4-19-1990 by Ord. No. 90-18]
D. 
Borough thoroughfares. No person under the age of eighteen (18) years of age shall be permitted to solicit on any public thoroughfare or intersection within the Borough of Carteret.
[Amended 11-10-1992 by Ord. No. 92-31[1]]
[1]
Editor's Note: This ordinance was vetoed by the Mayor 11-12-1992, which veto was overridden by Council 11-16-1992.
Any person violating the terms of this Article, whether as principal, agent or employee of another, shall, upon conviction in the Municipal Court, be subject to a fine not exceeding five hundred dollars ($500.) or to imprisonment in the county jail not exceeding ninety (90) days, or both, in the discretion of the Judge.