[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore 2-17-1986 by Ord. No. 2-86 (Ch.
13, Part 2, of the 1996 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The act of conveying or receiving information and opinions
by going from house to house or from place to place whether on foot
or by vehicle and without receiving compensation or remuneration except
such as may be provided by the principal, master, or employer of the
person engaged in canvassing.
The act of offering goods, wares, services or merchandise
of any kind for sale or lease by going from house to house or from
place to place whether on foot or by vehicle.
The act of seeking, requesting or otherwise attempting to
obtain money, goods, wares, services or merchandise of any kind by
going from house to house or from place to place on foot or by vehicle.
The practices of peddling, soliciting or canvassing
within the Borough of Jersey Shore are hereby declared to be unlawful,
except as follows:
A.
Any person who wishes to engage in peddling or soliciting
must first obtain a license as provided for hereafter, and must possess
and display said license at all times while engaged in peddling or
soliciting.
B.
Any person who wishes to engage in canvassing must
first obtain a permit as provided for hereafter, and must possess
and display said permit at all times while engaged in canvassing.
All licenses and permits required under this
chapter shall be applied for and issued through the office of the
Borough Secretary. The Borough Secretary is hereby empowered and charged
with the duty of reviewing all applications for licenses and permits
and of promptly issuing licenses and permits upon payment of the appropriate
fee as provided for in this chapter.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
A.
License for peddlers. The fee which must be obtained
prior to the issuance of a license for peddling or soliciting shall
be on a daily, monthly or yearly basis, and shall be established from
time to time by resolution of Borough Council.
B.
Permit for canvassing. The fee which must be paid
prior to the issuance of a permit for canvassing shall be for a period
of one day, one month, or for one year and said fee shall be established
from time to time by resolution of Borough Council.
C.
Permit does not condone infringement on privacy. Nothing
in this chapter shall be construed in any way to allow any person
to engage in any actions that are in violation of any of the laws
of this commonwealth. Without limiting in any way the generality of
the foregoing, it is specifically provided that no person, whether
licensed, permitted or otherwise, shall knock at the door or ring
the bell of any home, apartment building or other dwelling unit upon
which is displayed at the entrance a notice which reads "no peddlers
or solicitors allowed," or which otherwise clearly purports to prohibit
peddlers, solicitors or canvassers on the premises, unless such peddler,
solicitor or canvasser is or has been invited upon the premises by
the owner, licensee or occupant thereof.
[Amended 7-2-1990 by Ord. No. 5-90]
No person shall engage in any peddling, soliciting
or canvassing before the hours of 9:00 a.m. or after the hour 7:00
p.m.
Any license or permit issued under the terms
of this chapter shall be revocable upon the motion of Borough Council
if, after notice to the person holding said license or permit, Borough
Council determines at a public hearing conducted in compliance with
due process of law, that said person has violated any of the provisions
of this chapter or any of the provisions of the laws of this commonwealth
or the United States of America while engaged in peddling, soliciting
or canvassing within this Borough.
Persons, who without compensation or remuneration
engage in peddling, soliciting or canvassing on behalf of any publicly
recognized religious, educational, civic or charitable organization,
are not required to obtain a license or a permit as provided for herein.
Newspaper carriers along their regular delivery routes shall be exempt
from the license and permit requirements of this chapter.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
In addition to the penalty of revocation as
provided in this chapter, whoever violates any provision of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this chapter continues shall constitute a separate
offense.
