[HISTORY: Adopted by the Township Committee of the Township of Pemberton as indicated in article histories. Amendments noted where applicable.]
Secondhand jewelry — See Ch. 120.
Article I General Regulations
Article II Roadway Solicitations
[Adopted 3-5-1975 as Section 12:2 of Ch. XII of the General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- A person, commonly referred to either as a "transient merchant," "itinerant vendor," "route salesman," "peddler," "hawker" or other such person, who goes from place to place by traveling on the streets, or from house to house, and carries with him foodstuffs, goods, wares and merchandise for the purpose of selling or delivering them to consumers, or who, without carrying merchandise, sells or proposes to sell services of any kind, including but not limited to painting, landscaping, magazine subscriptions and photography.
- An individual, firm, partnership, corporation, voluntary association and principal or agent thereof.
- A person selling the articles described in the definition of "peddler" or services by sample or taking orders for future delivery, with or without accepting an advanced payment for the goods or services.
The officials designated to enforce the provisions of this article shall be the Police Department of the Township of Pemberton.
The purpose of this article is to prevent crime, dishonest business practices and fraud by the regulation of the conduct of solicitors, and the fee therefor is estimated to cover the expense involved and not for revenue purposes, and by the imposition of license fees for revenue upon itinerant vendors and peddlers as defined above.
It shall be unlawful for any peddler or solicitor to sell, buy or dispose of or offer to sell or dispose of any goods, wares, merchandise or services to be rendered in the future, or to take any orders for any goods, wares, merchandise or services to be rendered in the future, within the Township of Pemberton, without first obtaining a license therefor.
The requirements of this article, insofar as the same shall apply to fees, shall be held not to include the following persons, who are expressly exempt from its application:
Any person selling fruits, vegetables and farm products grown by himself with or without the help of others.
Any person honorably discharged from the military, naval or marine forces of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-10.
Any person who conducts a sale pursuant to statute or court order.
Any person who is an exempt member of a volunteer fire department as defined by N.J.S.A. 45:24-9B, possessing a license issued in conformity with said law.
Any church, social, civic, fraternal or philanthropic organization.
Any person who has an established local business within the Township of Pemberton. "Local business" shall be defined to mean an establishment within the township which displays and offers for sale the same products that the solicitor, peddler or itinerant vendor is offering for sale.
[Amended 8-17-1984 by Ord. No. 14-1984]
Any person desiring to obtain a license for the purposes heretofore mentioned in this article shall apply therefor, in writing, to the Chief of Police of the Township of Pemberton on an application blank provided by the Chief of Police.
When said application is properly filled out and signed by the applicant, it shall be presented to the Chief of Police, whose duty it shall be to investigate the statements made therein, and a period of not more than three days shall be allowed for such investigation, whereupon the Chief of Police will indicate his approval or disapproval upon the application. When a fee is required under this article, the application, bearing the approval of the Chief of Police, shall be presented by the applicant to the Township Treasurer, to whom the fee shall be paid. The Treasurer shall acknowledge receipt of the fee in writing upon the application, which shall be returned by the applicant to the Chief of Police. In case of disapproval of an application by the Chief of Police, the applicant may appeal to the Township Committee, whereupon opportunity will be granted for hearing reasons for and against the issuance of a license. The decision of the Township Committee shall be final.
A separate license must be obtained by a licensed peddler or itinerant vendor for every agent or employee working for him unless such agent or employee is selling goods from the same wagon or vehicle that the licensed vendor or peddler is selling from, but no more than two employees shall sell from the same wagon or vehicle without a separate license.
[Amended 8-17-1984 by Ord. No. 14-1984; 3-7-1996 by Ord. No. 6-1996]
It shall be the duty of the Chief of Police to issue licenses in cases where the provisions of this article have been complied with. Licenses shall be valid for a period of one year and shall expire on the anniversary date of the issuance of the license. Licenses shall be in the form of a card bearing the name of the licensee, the purpose for which it is issued, an identification of the product or services being sold or rendered, and shall contain a photograph of the vendor on the identification card, as well as the date of expiration and the signature of the Chief of Police. Every person holding a license under this article shall be required to carry the license with him and must produce the same at the request of any agent, servant, official or employee of the Township of Pemberton or at the request of any resident to whom the vendor seeks to sell his services or product.
A license may be revoked by the Township Committee by reason of the violation of the terms of the license, the violation of any municipal ordinance or state or federal statute or falsification in applying for a license. The licensed person shall be granted a hearing by the Township Committee upon his request. A license may be suspended for not more than two weeks by the Chief of Police without a hearing. No fees shall be returned for any unexpired period of a license whether revoked or not.
[Amended 8-17-1984 by Ord. No. 14-1984]
The license fee shall be as follows:
[Adopted 12-16-1999 by Ord. No. 28-1999]
Pursuant to the authority granted to the Township Council under N.I.S.A. 39:4-60, first aid/emergency squads and fire companies which receive funding from the Township of Pemberton, provide services to the residents of Pemberton Township, qualify as nonprofit organizations and qualify as charitable organizations within the meaning of N.J.S.A. 39:4-60 are hereby authorized to so contributions in the roadways of the Township of Pemberton, subject, however, to the permit process set forth below.
No other organization other than voluntary first aid/emergency squads or fire companies shall be permitted to engage in roadway solicitations within the Township of Pemberton.
Every entity subject to the provisions of this article shall, prior to engaging in any roadway solicitation, file with the Chief of Police an application in writing, which shall provide the following information:
Name, address and date of birth of each and every person who engage in the roadway solicitations on behalf of the charitable organization.
A brief description of the nature of the activity to be conducted.
The hours and location(s) for which the authority to solicit is requested, including rain dates.
A photograph of each person who will be engaged in the solicitation on behalf of the organization, which photograph can be taken by the Police Department.
Each application shall be signed by the Fire Chief, in the case of the Volunteer Fire Department, or by the President of the Association, in the case of the First Aid/Emergency Squad.
Application review; permit issuance.
Upon receipt of any application, the Chief of Police shall review the application as deemed necessary to ensure the protection of the public safety and general welfare.
If the Chief of Police finds the application to be satisfactory, the Chief shall endorse his/her approval on the application and shall deliver the required permit to the applicant. A copy of each such permit shall be filed with the Township Clerk. The permit shall show the name, address and photograph of each individual who shall be authorized to engage in the roadway solicitation; the date of the issuance of the permit, the date of the solicitation activity which is permitted and the location of said solicitation.
Denial of permit to organization. Upon review of the application by the Chief of Police, the Chief may refuse to issue a permit to an applicant for any of the following reasons:
The location and time of solicitation would endanger the safety and welfare of the solicitors, peddlers or the persons from whom they seek to solicit contributions.
An investigation reveals that the applicant has falsified information on the permit application.
There is no proof as to the authority of the applicant to serve as an agent or principal of the first aid/emergency squad or fire company.
The applicant has been denied a permit under this article within the immediately preceding year, unless the applicant can and does show to the satisfaction of the Chief of Police that the reason for the earlier denial no longer exists.
Denial of permit with respect to individual(s). Upon review of the application by the Chief of Police, the Chief may refuse to include an individual or individuals within the scope of the permit for any of the following reasons:
If an individual or individuals for whom permission is sought to solicit has been convicted of an indebtable offense, disorderly persons offense or a criminal violation involving a sex offense, trafficking a controlled dangerous substances or any violent acts against persons or property wherein such conviction(s) were entered within 10 years preceding the date of application.
If an individual or individuals for whom permission is sought to solicit has received judgment against them, or has been convicted, for fraud, deceit or misrepresentation wherein such judgment(s) or conviction(s) has been entered within 10 years preceding the date of the application.
Solicitation events that receive permits pursuant to this article shall abide by the following limitations, applicable to all solicitations:
No minors shall be permitted to solicit pursuant to the terms of this article or any permit issued hereunder.
No ambulance, fire truck or other emergency vehicle may be parked in the area of solicitation if such parking violates the terms of N.J.S.A. 39:4-60 or any other state statute.
Solicitation shall only occur at controlled intersections wherein the flow of traffic is regulated by stop signs and/or traffic lights. Solicitor shall use cones and reflective vests as appropriate.
Each highway, intersection or sections thereof covered by a permit for solicitation issued under this article shall be adequately marked by clear and appropriate signage indicating the solicitation of donations for the benefit of the organization. Said signs shall be erected and maintained by the applicant.
Roadway solicitation, otherwise permitted by authority of a permit issue under this article, shall be ceased in adverse weather conditions including but not limited to ice, rain, snow, sleet and hail.
A separate permit shall be required by each first aid/emergency squad and each volunteer fire company for each solicitation event. Nothing in this article shall prevent applicants from submitting more than one application at a time for separate events throughout the year.
Every entity required to obtain a permit under the provisions of this article shall exhibit the permit when requested to do so by any perspective contributor or Police Department employee. The individual in charge of solicitation event shall be responsible to produce the permit on demand.
This article does not abrogate the responsibility of any first aid/emergency or fire company that intends to solicit on any county highways or intersection of any county highway to obtain the approval from the Board of Chosen Freeholders as required by N.J.S.A. 39:4-60. As such, the township will apply to the county on behalf of the applicant when a county highway is involved. Similarly, this article does not abrogate the responsibility of the organizations included within this article who intend to solicit on any state highway or intersection of a state highway from obtaining the approval of the Commissioner of Transportation. As such, the township will apply to the state on behalf of the applicant when a state highway is involved.
Notice of the regulations and provisions of this article shall be given to all applicants for permits for solicitation. This article shall be implemented and enforced by the Chief of Police of the Township of Pemberton or his designee.
As provided by N.J.S.A. 39:4-60, and notwithstanding any other provision of the law to the contrary, the Township of Pemberton shall not be liable in civil action for damages for property damage or personal injury resulting from motor vehicle accidents arising out of or in the course of roadway solicitations for the purpose of soliciting contributions conducted by organizations covered by this article.
Violations and penalties. It shall be unlawful for any person to solicit in or around public roadways in violation of this article. Any person who does so solicit in the public roadway in violation of this article shall be subject to a fine of not less than $100 nor more than $200 for each violation.
Other applicable laws.
No provision of this article shall be construed or interpreted to allow solicitation where it is otherwise restricted by superseding laws.
No provision of this article shall be construed to authorize or permit any person to stand in or to allow a vehicle to stand in any highway where the same is or shall be prohibited by any other provisions of the New Jersey Motor Vehicles Laws, Title 39, or by any amendment thereof or supplement thereto, or by any ordinance, resolution, regulation or amendment duly adopted pursuant to authority thereunder.