[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-14-1971 as
Section 7-1 of Ch. VII of the Revised General Ordinances, 1971]
As used in this article, the following terms
shall have the meanings indicated:
Includes all goods, wares, food, fruit, vegetables, farm
products, magazines and periodicals, and all kinds of articles of
personal property for domestic use and orders or contracts for services,
home improvements or alterations.
Any person who goes from place to place by traveling on the
streets and roads or from house to house, carrying, conveying or transporting
goods, wares or merchandise for the purpose of selling and delivering
them to customers. The word "peddler" shall include the words "hawker"
and "huckster."
Any person who goes from place to place by traveling on the
streets and roads or from house to house, taking or attempting to
take orders for the sale of goods, wares and merchandise or personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future, whether or not such person
has, carries or exposes for sale a sample of the object to be sold
and whether or not he is collecting advance payments on such sales.
The word "solicitor" shall include the word "canvasser," provided
that this definition shall not include wholesale salesmen calling
on retail merchants.
[Amended 9-8-2009 by Ord. No. 09-13]
The purpose of this article shall be to prevent
fraud, crime and unethical and dishonest business practices and to
provide for traffic and pedestrian safety by regulating the use of
the streets and property adjacent thereto by peddlers and solicitors.
The fees charged for the issuance of licenses shall not be considered
revenue, but shall be charged for the purpose of covering the expense
of investigation and regulating the conduct of licensees.
Except as otherwise provided in this article,
it shall be unlawful for any solicitor, hawker or peddler to sell
or dispose of, or to offer to sell or dispose of, any goods, wares
or merchandise, or to solicit orders for the performance of any service,
within the corporate limits of the Town, without first obtaining a
license in compliance with the provisions of this article. The license
shall not be transferable from the person to whom issued to any other
person. A separate license shall be obtained by a licensed solicitor,
hawker or peddler for every agent or employee working for him.
[Amended 11-25-1997 by Ord. No. 97-11]
The licensing requirements of this article shall not apply to the categories of persons listed in Subsections A and B below. Persons who fit into the categories described in Subsections C, D, E and F below shall present satisfactory evidence thereof and proof that they possess a current New Jersey sales tax certificate to the Town Clerk, who shall then issue a license in accordance with § 107-7C without charging a fee.
A.
Any public utility or its employees subject to regulation
by the State Board of Public Utility Commissioners, provided that
such employees shall display identification badges or cards issued
by their employer.
B.
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 of a prior agreement.
C.
Any charitable or religious society that conducts
sales of personal property when the proceeds are applied to the payment
of expenses and to the charitable or religious object for which the
society exists.
D.
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 45:24-10.
E.
Any person who is an exempt fireman of a volunteer
fire department as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing
a license in conformity with the law.
F.
Any person selling fruits and farm products grown
by himself, with or without the help of others.
Every applicant for a license under this article
shall file with the Town Clerk a sworn written application, in duplicate,
on a form to be furnished by the Clerk, which shall give the following
information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the
applicant.
C.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of the vehicle
and its license number.
G.
The place where the goods or property to be sold or
offered for sale are manufactured or produced, where the goods or
property are located at the time such application is filed and the
proposed method of delivery.
H.
A photograph of the applicant taken within 60 days
immediately prior to the date of application, which photograph clearly
shows the head and shoulders of the applicant and measures two by
two inches by two inches.
I.
The fingerprints of the applicant.
J.
Two business references located in the County of Hunterdon,
State of New Jersey, or in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable an investigator to properly evaluate his character and responsibility.
K.
A statement as to whether 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.
[Amended 3-26-1985 by Ord. No. 85-4]
At the time the application is filed, a fee shall be paid to the Town Clerk to cover the cost of processing the application and investigating the facts stated therein. The fee for such application shall be as provided in Chapter 73, Fees.
When the application is properly filled out
and signed by the applicant, the original and duplicate shall be filed
with the Town Clerk. The Clerk shall refer the original to the Chief
of Police, who shall make or cause to be made such investigation of
the applicant's business responsibility and moral character as he
deems necessary for protection of the public good.
A.
Grounds for refusal of license.
(1)
If as a result of the investigation of the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on the application his disapproval
and the reasons therefor and return the application to the Town Clerk,
who shall notify the applicant that the application is disapproved
and that no license shall be issued. Any determination by the Chief
of Police that an application is unsatisfactory shall be based on
one or more of the following findings with respect to the applicant:
(2)
In the absence of any such finding, the Chief of Police
shall find the application satisfactory.
B.
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 license addressed to the applicant to conduct the business
applied for and return the license with the application to the Town
Clerk, who shall issue the license to the applicant. The license shall
contain the signature of the issuing officer and show the name, address
and photograph of the licensee, the class of license issued, the kind
of goods or services to be sold, the date of issuance, the length
of time the license shall be operative and the license number and
other identifying description of any vehicle used in the peddling
or soliciting activity licensed.
C.
The Town Clerk shall issue to each licensee at the
time of delivery of his license a badge which shall show the nature
of the license, the period for which the license is issued and the
number of the license in letters and figures easily discernible from
a distance of 10 feet. During the time the licensee is engaged in
peddling or soliciting, the badge shall be worn constantly by him
on the front of his outer garment in such a way as to be visible to
a person facing him.
D.
All licensees using automobiles or other vehicles
in connection with their business shall have affixed thereon a metal
plate supplied by the Town Clerk. The plate shall bear the words "Licensed
Peddler," "Licensed Hawker," "Licensed Solicitor" or "Licensed Canvasser,"
together with a number and the year for which it is issued.
[Amended 9-8-2009 by Ord. No. 09-13]
A.
Every holder of a peddler’s or solicitor’s license issued by the Town Clerk under the authority of this article or by the clerk of the county under the authority of N.J.S.A. 45:24-9 shall be required to carry the license with him while engaged within the Town in the business or activity licensed. He shall produce the license at the request of any official resident of the Town with whom he wishes to conduct his business or activity. Every licensee, as well as every person referred to in § 107-4A, shall restrict his selling or soliciting activity within the Town to the hours between 8:00 a.m. and 8:00 p.m. and on each day of such activity shall notify the police officer on duty immediately before commencing his selling or soliciting activity and immediately after completing it. Notification shall include a statement as to the general area of the Town in which the licensee, as well as every person referred to in § 107-4A, intends to conduct or has conducted the activity.
B.
For special
events conducted in the Town by private parties, in addition to any
licenses required, any peddler or solicitor who seeks to sell any
merchandise at such an event shall obtain written permission from
the organization sponsoring the event and shall present a true copy
of same to the Clerk and Chief of Police 48 hours in advance of the
event. In addition, a copy of the written permission from the sponsor
of the event shall be on the person of each peddler or solicitor at
the time any merchandise is offered for sale.
[Amended 11-25-1997 by Ord. No. 97-11; 9-8-2009 by Ord. No. 09-13]
It shall be unlawful for a peddler or solicitor to:
A.
Call attention to his business or to his merchandise by crying out,
blowing a horn, ringing a bell, other than the doorbell to a building,
or any other loud our unusual noise.
B.
Conduct or attempt to conduct his or her business at any residence
or on any property on which is posted a sign expressly prohibiting
the activity.
C.
Station, place, set up or maintain a cart, wagon, motor vehicle or
other vehicle, or allow it to remain on any sidewalk in a way that
would:
(1)
Restrict, obstruct, interfere with or impede the pedestrians'
right-of-way;
(2)
Restrict, obstruct, interfere with or impede the ingress or egress
from the abutting property;
(3)
Create or become a nuisance;
(4)
Increase traffic congestion, cause or increase traffic delay or hazard;
(5)
Cause or create or constitute a danger to life, health or property.
D.
Peddle using a cart whose dimensions exceed two feet in width, four
feet in length and four feet in height, including wheel height, while
conducting business on any sidewalk.
E.
Use, set up, attach, place or permit the use of any table, crate,
carton, rack, device or structure of any kind to increase the selling
or display capacity of the peddler's cart.
F.
Engage in the business of peddling within 10 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicular
movement.
G.
Engage in the business of peddling on any sidewalk or along any street
within 15 feet of any fire hydrant, crosswalk or driveway.
H.
Station, place, set up or maintain a peddler's cart of goods
against display windows of fixed-location businesses, nor shall it
be within 20 feet from an entranceway to any building, store, theater,
library, school, museum, movie house, sports arena or other place
of public assembly.
I.
Engage in the business of peddling on any sidewalk or along any street
within 10 feet from intersecting streets or sidewalks.
J.
Engage in the business of peddling within 30 feet of any location
where another peddler is engaged in the business of peddling.
K.
Engage in the business of selling at any location without giving
a written receipt to each customer for any sale in excess of $20.
The receipt shall show clearly the seller's name, business address,
license number, a description of the merchandise sold and the purchase
price and shall be sequentially numbered.
L.
Engage in the business of peddling on any sidewalk or along any street
within 60 feet of a bus stop. For purposes of this section, the words
"bus stop" shall include the sidewalk and the adjoining street where
there is a designated bus stop.
M.
Sell food, drinks, ice cream, confections or other items for immediate
consumption unless the peddler has available for public use a litter
receptacle which shall be clearly marked and maintained for his customers'
use; nor shall any peddler leave any location without first picking
up, removing and disposing of any trash or refuse remaining from the
sales made by him; nor shall any person sell food, drinks, ice cream,
confections or other food items for consumption without having first
received any permit or license required by the Town or the Board of
Health for food handling.
N.
Leave any cart unattended at any time or place or leave the same
overnight on any sidewalk.
It shall be the duty of any police officer of
the Town to enforce the provisions of this article and to require
any person seen peddling or soliciting who is not known by the officer
to be duly licensed, to produce his peddler's or solicitor's license.
The Town Clerk shall maintain a record of all
licenses issued under the provisions of this article and record therein
all convictions for violations and other pertinent circumstances and
incidents reported by the Chief of Police.
A.
Licenses issued under the provisions of this article
may be revoked by the Town Council, after notice and hearing, for
any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement by the
licensee in the course of conducting the business licensed.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business licensed in an unlawful manner
or in such a manner as to constitute a breach of the peace or a menace
to the health, safety or general welfare of the public.
B.
Notice of hearing for revocation of a license shall
be given in writing. The notice shall set forth the specific grounds
of complaint and the time and place of hearing and shall be sent by
registered mail to the licensee at his last known address at least
five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or of the Town Clerk in the denial of a license shall have the right of appeal to the Town Council. The appeal shall be taken by filing with the Town Council, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Council shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in § 107-12 for notice of hearing on revocation. The decision of the Town Council shall be final.
All licenses issued under the provisions of this article shall expire on December 31 of the calendar year in which they are issued. Any license may be renewed without payment of an additional registration fee upon submission by the licensee of a new application in conformity with the requirements of § 107-5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in § 107-5.
[Adopted 3-28-2017 by Ord. No. 17-03]
The Town of Clinton shall permit charitable organizations, as
defined in N.J.S.A. 45:17A-20, to solicit contributions in roadways,
commonly referred to as "coin drops," situated in the Town of Clinton
in accordance with the provisions contained herein.
A.
All charitable organizations, as defined in N.J.S.A. 45:17A-20, which
desire to solicit such contributions in roadways located in the Town
shall file an application for a permit with the Town Clerk on a form
supplied by the Town Clerk, specifying the following information:
(1)
Name of applicant organization.
(2)
Address of applicant organization.
(3)
Telephone number of applicant organization.
(4)
Contact person for applicant organization.
(5)
Specific location(s) of proposed charitable solicitation.
(6)
Date(s) and time of operation of proposed charitable solicitation;
any potential rain or inclement weather substitution dates must also
be listed on all applications to the municipal, county, and state
government organizations.
(7)
If the request involves a county roadway, the request shall include
a copy of the proposed authorization from the Hunterdon County Board
of Chosen Freeholders to permit the charitable solicitation.
(8)
If the request involves a state roadway and/or highway, the request
shall include a copy of the authorization from the Commissioner of
Transportation of the State of New Jersey to permit such charitable
solicitation or a copy of the appropriate application thereto.
(9)
All proposed safety regulations, safety devices and training for
individuals who shall participate in the charitable solicitation and/or
a report as to the procedures to be used to ensure the safety of the
members of the public who will be traversing the roadways within the
Town.
(10)
A certificate of insurance issued by an insurance company duly
licensed in the State of New Jersey. The certificate of insurance
must provide general liability insurance in an amount of not less
than $1,000,000. The Town shall be listed as an additional insured
on the certificate and an endorsement to the insurance policy.
(11)
A signed, dated and notarized release and indemnification agreement,
signed by the organization sponsor or responsible party, legally binding
the organization participant, which shall release and agree to indemnify
and hold harmless the Town of Clinton, County of Hunterdon, State
of New Jersey, its agents, servants, employees and elected and appointed
officials from any and all liability of any kind from injury or physical
harm, including death, and damage to property occurring from or alleged
to arise out of the event.
B.
This application must be submitted a minimum of 90 days prior to
the planned event date for the fundraiser.
A.
No permits will be granted by the Town for more than one event, three
consecutive days maximum, per calendar month, per location for any
organization.
B.
No approved coin drop solicitation shall be permitted for longer
than three consecutive days.
C.
No permits shall be granted by the Town for more than a maximum of
two coin drop solicitations per calendar month at a specific location.
The coin drop events shall not be scheduled on back-to-back calendar
weeks. Permits may be granted on a first-come, first-served basis.
D.
All approved coin drop solicitations shall be conducted only during
daylight hours and shall commence no earlier than 9:00 a.m. and be
concluded no later than 6:00 p.m.
The following conditions shall be placed on all approvals for
coin drops:
A.
Solicitation shall only be permitted at controlled intersections
(i.e., those with a stop sign or traffic signal) during daylight hours.
B.
Solicitation may not substantially impede the flow of vehicular or
pedestrian traffic. However, traffic must be stopped for a sufficient
period of time to ensure the safety of persons soliciting in the roadway.
Flagmen are not permitted to be utilized to control or regulate traffic
movement.
C.
Signs and traffic control devices must be in accordance with the
latest edition of the Manual on Uniform Traffic Control Devices. Signs
advertising the solicitation may be placed approximately 500 feet
in advance. Signs must be temporary, break-away, and a maximum of
16 square feet.
D.
Persons soliciting in the roadway, or within 15 feet of the roadway,
must wear properly sized, ANSI 107-2004 (or later) Class 2 or 3 high-visibility
apparel. Wearing non-ANSI approved apparel will be reason for immediate
cessation of the event.
E.
Individuals under the age of 18 years may be present but must be
at a safe distance and location from the street. Decisions of the
Town Police Department will be final in determining such safe location.
F.
Solicitors may not harass the motorists or public.
G.
Solicitors shall not consume or be under the influence of alcohol
or drugs.
H.
The charitable organization will be responsible for cleaning any
debris, including any signage or advertisements associated with the
roadway solicitation, from the solicitation site within two hours
of the end of solicitation.
I.
In the event of severe weather, the charitable organization agrees
to immediately cease its roadway solicitation activities and shall
not resume such activities without first notifying the Town Police
Department and receiving permission to resume such activities from
the Town Police Department.
J.
In the event of a motor vehicle accident or injury to a person in
the vicinity of the roadway solicitation, the charitable organization
agrees to immediately cease its roadway solicitation activities and
shall not resume such activities without first notifying the Town
Police Department and receiving permission to resume such activities
from the Town Police Department.
No applicant or organization seeking permission for a coin drop
will use any individual under the age of 18 years to perform any function
or task associated with the said charitable solicitation in any roadway.
A.
Upon filing of a complete application and completion of the required
review by the Town Police Department, the applicant shall present
the application to the Town Council a minimum of 90 days prior to
the proposed coin drop for its review and consideration, after which
the Town Council shall grant or deny the applicant's request
by resolution.
B.
In the event the applicant's request is approved, the Town resolution
shall be forwarded by the applicant to the state and/or county, if
necessary. In the event that the coin drop is approved for a roadway
which does not intersect or fall within the jurisdiction of the county
or state, the resolution shall serve as the final approval for the
coin drop.
C.
The applicant shall follow and abide by all conditions imposed in
the resolution adopted by the Town Council.
Any charitable organization requesting authorization from the
Town for a charitable solicitation shall comply with all the terms
and conditions of N.J.S.A. 39:4-60, as same may be amended and supplemented
and all other applicable state statutes.
Any charitable organization that is granted municipal, county,
or state approval for a coin drop understands that at any point prior
to the event, during the event, or for future events, the Department
of Transportation, Hunterdon County official, Clinton Town Municipal
official, or any law enforcement officer can order the charitable
organization to cease operations based upon, but not limited to, roadway
issues, public safety concerns, weather conditions, or traffic conditions.
This cease order does not transfer any liability or exposure to expenses
to the official who is delaying or revoking the coin drop event.
Any person engaged in solicitation activities found guilty of
violating a provision of this section shall be liable for a fine not
to exceed $100 for each day of such violation. Tickets may be written
by Town Police under N.J.S.A. 39:4-60 et seq.
