[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 7-8-1974 as Ch. 9, Art. 2, of the 1974 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All goods, wares, food, fruit, vegetables, farm products,
magazines, periodicals and all kinds of articles of personal property
for domestic use; and orders or contracts for a service, home improvement
or alterations.
A person who goes from place to place by traveling on the
streets or from house to house and carries with him goods, wares and
merchandise for the purpose of selling and delivering them to consumers
or buyers.
A person selling goods by sample or taking orders for services,
home improvements or alterations to be furnished, done or delivered
at a future date, with or without accepting an advance payment for
the goods, wares, merchandise or services sold or contracted for.
[Amended 9-21-1992 by Ord. No. 584-Cl
No peddler, hawker, solicitor or canvasser shall
engage in such business within the corporate limits of the Borough
without first obtaining a permit and license therefor in compliance
with the provisions of this chapter. At no time will any peddler,
hawker, solicitor or other park any vehicle on any roadway or private
property within the Borough and display to open view any item, merchandise
or other ware offered for sale to the public, nor shall items of merchandise
or wares be dropped off at any location within the Borough for the
purpose of open display to the public for the sole purpose of display
and sale.
A.
Applicants for permits and licenses under this chapter
must file with the Clerk a sworn application, in writing (in duplicate),
on a form to be furnished by the Borough Clerk.
B.
The application shall give the following information:
(1)
The name and a description of the applicant.
(2)
The permanent home address and full local address
of the applicant.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property proposed to
be sold or orders taken for the sale thereof are manufactured or produced,
where such goods or products are located at the time the application
is filed and the proposed method of delivery.
(7)
A photograph of the applicant, taken within 60 days
immediately prior to the date of filing the application, which picture
shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(8)
The fingerprints of the applicant and the names of
at least two reliable property owners of the County of Bergen and
State of New Jersey who will certify as to the applicant's good character
and business respectability or, in lieu of the names of references,
such other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility.
(9)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
C.
At the time of filing the application, the license
fee shall be paid to the Clerk to cover the cost of investigation
of the facts stated herein and the expenses of regulating the conduct
of licensees. A separate license must be obtained for every agent
or employee working for any person.
Upon receipt of such application, the original
shall be referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as may
be necessary for the protection of the public good.
A.
Disapproval. 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 for the same and return the application
to the Clerk, who shall notify the applicant that the application
is disapproved and that no permit and license will be issued.
B.
Approval.
(1)
If, as a result of the investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of
the business applied for and return the permit, along with the application,
to the Clerk.
(2)
The Clerk shall, upon payment of the prescribed license
fee[1] deliver to the applicant his permit and issue a license.
Such license shall contain:
[Amended 9-21-1992 by Ord. No. 584-C]
(a)
The signature and seal of the issuing officer.
(b)
The name, address and photograph of the licensee.
(c)
The class of license issued.
(d)
The kind of goods to be sold thereunder.
(e)
The amount of fee paid.
(f)
The date of issuance.
(g)
The length of time the license shall be operative.
(h)
The license number and other identifying description
of any vehicle used in such soliciting or canvassing.
C.
All permits issued for peddlers, hawkers and solicitors
shall be for a maximum of 30 days or such other term than 30 days
for which the permit is sought; the permit shall automatically expire
at the end of the period of time set forth on the permit but in no
event shall the permit be issued for any more than a thirty-day period
of time. Said permit may be renewed, provided that no complaints,
violations or misrepresentations have taken place during the thirty-day
period of the initial permit. Each renewal shall be no longer than
30 days.
[Added 9-21-1992 by Ord. No. 584-C]
[Amended 9-21-1992 by Ord. No. 584-C]
The Clerk shall keep a permanent record of all
permits and licenses issued.
A.
The license fee shall be charged by the Borough Clerk
and shall be for one thirty-day period.
B.
No license fee provided for by this chapter shall
be so applied as to occasion an undue burden upon interstate commerce.
In any case where a license fee is believed by a licensee or applicant
for a license to place an undue burden upon such commerce, he may
apply to the Mayor and Council for an adjustment of the fee so that
it shall not be discriminatory, unreasonable or unfair as to such
commerce. Such application may be made before, at or within six months
after payment of the prescribed license fee.
C.
The applicant shall, by affidavit and supporting testimony,
show his method of business and the gross volume or estimated gross
volume of business and such other information as the Mayor and Council
may deem necessary in order to determine the extent, if any, of such
undue burden on such commerce. The Mayor and Council shall then conduct
an investigation, comparing the applicant's business with other business
of like nature, and shall make findings of fact from which he shall
determine whether the fee fixed by this chapter is unfair, unreasonable
or discriminatory as to the applicant's business. It shall fix as
the license fee for the applicant an amount that is fair, reasonable
and nondiscriminatory or, if the fee has already been paid, order
a refund of the amount over and above the fee so fixed.
D.
In fixing the fee to be charged, the Mayor and Council
shall have the power to base the fee upon a percentage of gross sales
or any other method which will assure that the fee assessed shall
be uniform with that assessed on business of like nature, so long
as the amount assessed does not exceed the fees as prescribed for
a permit and license under this chapter.
E.
If the Mayor and Council determines the gross sales
measure of the fee to be the fair basis, it may require the applicant
to submit a sworn statement of the gross sales and pay the amount
of fee therefor.
A.
The Clerk shall issue to each licensee, at the time
of delivery of his license, a badge about three inches in diameter
bearing the number of the license, the period for which the license
is issued and the word "peddler" or other suitable description.
B.
Upon issuing the badge, a deposit of $2 shall be collected
as security for the return thereof at the expiration of the license.
C.
Such badge shall, during the time such licensee is
engaged in soliciting, be worn constantly by the licensee on the front
of his outer garment in such a way as to be conspicuous.
Solicitors, canvassers, peddlers and hawkers
are required to exhibit their licenses at the request of any citizen.
No peddler, hawker, canvasser or solicitor shall
be permitted to use a license to conduct a business pursuant to the
provisions of this chapter except between the hours of 9:00 a.m. to
4:00 p.m.
It shall be the duty of any police officer of
the Borough to require any person seen soliciting, canvassing, peddling
or hawking and who is not known by such officer to be duly licensed
to produce his solicitor's, canvasser's, peddler's or hawker's license
and to enforce the provisions of this chapter against any person found
to be violating the same.
The Chief of Police shall report to the Clerk
all conviction for violation of chapter. The Clerk shall maintain
a record for each license issued and record the reports of violations
therein and incorporate as a part of his monthly report to the Council
the number of licenses issued, the period of time of each license
and fee paid for licenses. The Clerk shall submit a check in payment
of all license fees collected during each month.
A.
Permits and licenses issued under the provisions of
this chapter may be revoked by the Mayor and Council, after notice
and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for a license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as solicitor or as canvasser.
(3)
Any violation of this chapter or any state or federal
law or for other good and significant reasons.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of soliciting or of canvassing
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.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed by certified letter to the licensee at his last known address
at least five days prior to the date set for the hearing.
A.
Any person aggrieved by the action of the Chief of Police or the Clerk in the denial of a permit or license as provided in § 158-5 of this chapter shall have the right of appeal to the Mayor and Council.
B.
Such appeal shall be taken by filing with the Council,
within 14 days after 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.
C.
The Council shall set a time and place for a hearing on such appeal. Notice of such hearing shall be given to the appellant in the same manner as provided in § 158-13 of this chapter for notice of a hearing on revocation.
D.
The decision and order of the Council on such appeal
shall be final and conclusive.
All licenses shall expire on the date specified
on the license.
A.
This chapter shall not apply to employees of any public
utility which 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.
B.
This chapter shall not apply to bona fide members
of any church, social, civic, fraternal, educational or philanthropic
organization located within the Borough, which organization has received
the approval and endorsement of the Council.
[Added 3-18-2019 by Ord. No. 19-971-C]
A.
Establishment of No-Knock List. All residents of the Borough may
register their address and/or unit/apartment number with the Saddle
River Police Department to be placed on the No-Knock List, indicating
that they do not want canvassers, distributors, solicitors, peddlers,
transient merchants or hawkers of any sort to enter their property
to seek personal contact with the occupants of the registered residence.
The Police Chief shall provide the registration form, which shall
be available during normal business hours. By registering for the
No-Knock List, the resident acknowledges that the Borough police,
fire and other emergency services groups are exempt from the requirements
of this section.
B.
Updating and provision of list. The Police shall maintain a No-Knock
List, a copy of which shall be provided to all persons or organizations
required to obtain a license or register pursuant to this chapter.
Registrants shall remain on the No-Knock List for a period of five
years from the date of registration or until such time as they advise
the Police, in writing, that they wish to be removed from the list.
The Police shall ensure that the list is updated periodically.
C.
Registration and display of decal. Upon completion of registration
on the No-Knock List, the subscriber may obtain a decal stating "DO
NOT KNOCK; Registered on the No-Knock List with the Borough of Saddle
River Municipal Clerk; VIOLATORS WILL BE PROSECUTED" which may be
displayed in a clearly visible location such as a mailbox post or
gate.
D.
Violations. It shall be unlawful for any canvasser, distributor, solicitor, peddler, transient merchant or hawker to enter a property on the list to approach and/or seek personal contact with the occupants of any residence if that resident is registered on the No-Knock List. Anyone violating this subsection shall, upon conviction thereof, be subject to fines and penalties in accordance with Chapter 1, Article III, General Penalty, of the Borough Code.
