[HISTORY: Adopted by Mayor and Council of
Borough of Atlantic Highlands 8-27-1974 by Ord. No. 656. Amendments noted where
applicable.]
GENERAL REFERENCES
Licensing — See Ch. 211.
It shall be unlawful for peddlers, solicitors
or canvassers, as herein defined, to conduct their business or in
any way solicit except under the conditions as provided in this chapter.
[Amended 9-22-2022 by Ord. No. 11-2022]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who goes from house to house selling or taking
orders or offering to sell or take orders for goods, wares, merchandise
or any article for future delivery, or for services to be performed
in the future or for the making, manufacture or repair of any article
or thing whatsoever, for future delivery, offering to purchase real
property or for the solicitation of money for any purpose whatsoever.
Any person distributing, without charge, printed material
espousing, explaining or advocating an organized and recognized religion.
Notwithstanding any provision hereof to the contrary, such person
shall not be restricted or curtailed by the provisions contained herein,
except as provided herein regulating the hours of such distribution
shall apply.
Any person commonly referred to as a peddler or hawker, who
goes from house to house and carries with him goods, wares and merchandise
for the purpose of selling and delivering them to a consumer and consumers,
but shall not include the distribution of religious material without
charge.
No peddler, solicitor or canvasser shall sell
or dispose of, or offer to sell or dispose of, or solicit for any
wares, goods, merchandise or services within the Borough of Atlantic
Highlands, without first having obtained a license therefor in accordance
with the provisions of this chapter and without having paid the license
fee as hereinafter prescribed, which license shall expire on December
31 of the year of issuance.
[Amended 8-25-1981 by Ord. No. 785][1]
Any person applying for a license under this chapter shall file with the Police Department of the Borough of Atlantic Highlands, on forms to be provided by him, an application for such license, together with the license fee as provided in Chapter 168, Article II, which fee shall be returned if such license is rejected, except in those cases of applications made to peddle, solicit or canvass solely on behalf of and for the benefit of any recognized nonprofit religious, charitable, education, civic or political organization; provided further that no license shall be required for any boy scout or girl scout, or any member of the Red Cross, the American Cancer Society and/or the Monmouth-Ocean County Cerebral Palsy Society who shall peddle, solicit or canvass on behalf of his organization while wearing his official uniform, or for local volunteer firemen or first-aid volunteers in the Borough of Atlantic Highlands while wearing clothing of suitable identification; nor shall any license be required for service clubs or educational groups established in and operating for the benefit of the general residents of the Borough of Atlantic Highlands with identification from said service clubs or educational groups. Any person desiring a license as a peddler or canvasser shall furnish the following information on forms to be supplied by the Police Department:
A.
Name of applicant.
B.
Permanent home address of applicant.
C.
Name and address of firm or organization represented.
D.
Length of time license desired.
E.
Description of wares, literature or matter to be distributed
or offered for sale.
F.
Photograph of applicant taken within a period of one
year preceding the application and not more than two inches square
in size.
G.
Letter from the firm or organization for which applicant
purports to work, authorizing applicant to act as its representative.
A.
Following the filing of any application for a license
under the provisions of this chapter, the Police Department of the
Borough of Atlantic Highlands shall conduct an investigation to ascertain
the truth of the statements made by the applicant upon his application.
If, upon completion of such investigation, it appears that the statements
made upon the application are true, that if the applicant is a peddler,
solicitor or canvasser and has not been convicted of any crime or
misdemeanor involving moral turpitude and if the applicant has not
been convicted of a prior violation of this chapter, the Police Department
shall thereafter proceed to issue the license for which the application
was made.
B.
No permit
under this chapter shall be issued until the Borough Clerk receives
a certification from the Tax Collector that all taxes, assessments
water rents and other duly assessed charges on any property located
within the Borough in which the applicant or its principals have an
ownership interest are current and that no such taxes or assessments
are then due and owing.
[Added 9-22-2022 by Ord. No. 11-2022]
Every person holding a license under the provisions
of this chapter shall display the same as follows: Any person holding
a license authorized by this chapter shall be required to carry said
license with him at all times; and in door-to-door canvassing or soliciting,
he must hand the license to the person being solicited or canvassed
for inspection at the time said license holder first approaches the
individual.
[Amended 9-22-2022 by Ord. No. 11-2022]
A.
It shall
be unlawful for any canvasser, peddler or solicitor to:
(1)
Peddle,
solicit, canvass at any time except between the hours of 9:00 a.m.
and 6:00 p.m., Mondays through Saturdays.
(2)
Enter
in or upon any house, building or other structure or any land or property,
without the prior consent of the owner or occupant thereof where there
is placed or posted, on the premises in a conspicuous position at
or near the usual means of ingress, a sign or other form of notice
stating or indicating that the owner or occupant thereof forbids or
otherwise does not desire persons engaged in canvassing or soliciting
activities to enter upon the premises.
(3)
Fail
to immediately and peacefully depart from the premises when requested
to do so by the owner or occupant.
(4)
To
fail to give a written receipt to the purchaser, which receipt shall
be signed by the holder and shall set forth a brief description of
the articles ordered, the total purchase price thereof, and the amount
of the payment, if any, received by the holder from the purchaser.
(5)
Enter
in or upon any house, building or other structure or any land or property
registered on the Borough's No-Knock List.
B.
No distributor
of religious material shall distribute any such material except between
the hours of 9:00 a.m. and 6:00 p.m., Mondays through Saturdays.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a penalty as provided in Chapter 1, Article II, General Penalty; and in addition thereto, the Mayor and Council may revoke any license granted hereunder or may suspend any license granted hereunder, after a reasonable opportunity for the licensee to be heard, for any violation of the provisions of this or any other ordinance of the Borough of Atlantic Highlands which may affect the operation of the licensee's business. In connection with the violation of this chapter, each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense and violation thereof.
[Added 9-22-2022 by Ord. No. 11-2022]
All duly appointed police officers, the Code Enforcement Officer,
or his duly authorized representatives, are hereby appointed inspectors
of permits and are hereby authorized to examine all persons to ascertain
whether or not such person possesses a proper permit. Inspectors have
the power to cause complaints to be filed against all persons violating
any of the provisions of this chapter.
[Added 9-22-2022 by Ord. No. 11-2022]
A.
All residents
of the Borough may register their name, address and/or unit/apartment
number with the Borough Clerk to be placed on the No-Knock List, indicating
that they do not want canvassers, peddlers, solicitors or hawkers
of any sort to approach their homes and/or seek personal contact with
the occupants of the registered home. The Borough Clerk shall provide
the registration form, which shall be available during normal business
hours.
B.
Residents
shall remain on the No-Knock List until such time as they advise the
Borough Clerk, in writing, that they wish to be removed from the list.
C.
The Borough Clerk 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 Chapter 254 of the Borough Code. In accordance with the provisions of N.J.S.A. 47:1A-5, the Borough Clerk shall charge a fee for a copy of the No-Knock List. The list shall be updated periodically.
D.
It shall
be unlawful for any peddler, hawker, solicitor or canvasser to approach
and/or seek personal contact with the occupants thereof if that residence
is registered on the No-Knock List. Anyone violating this subsection
shall be subject to a fine of not less than $50 nor more than $100
for each violation.
E.
Upon completion
of registration on the No-Knock List the subscriber shall purchase
and receive, for a nominal fee, a decal stating "DO NOT KNOCK; Registered
on the NoKnock List with Borough Clerk's office; VIOLATORS WILL BE
PROSECUTED" which must be displayed in a clearly visible location
(i.e., front door or window adjacent to the front door).
